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(영문) 서울중앙지방법원 2018.10.24 2018고단4144
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 5, 2018, around 16:55, the Defendant driven a D Poter in the 3km section from the 13-dong, Seoul Special Metropolitan City, to the 646-150 road of the 646-150 road to the new road of the Gwanak-gu, Seoul Special Metropolitan City without the driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding criminal facts, the reason for sentencing of sentence of imprisonment for selective punishment has the history of serving a fine for driving under the influence of alcohol in the past, five times or more due to a non-licensed driving and criminal punishment, such as suspended sentence of imprisonment, on five or more occasions;

In particular, in 2016, the Defendant was punished for non-licenseless driving in the year of suspension of the execution, and the period of suspension of the execution has reached the instant non-licenseless driving. In light of the fact that there are a large number of criminal records of the Defendant, and that there is a high possibility of recidivism, it is difficult to avoid severe punishment because the Defendant is highly weak in compliance consciousness.

In addition, various sentencing factors in the records, such as the defendant's age, sex, family environment, motive and circumstance of crime, etc., shall be determined as per the disposition.

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