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(영문) 서울중앙지방법원 2018.05.03 2018고단1647
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The facts charged in this case include the record of crime, but do not correspond to the elements of the formation of crime or the aggravated punishment, and thus, it does not disadvantage the defendant's exercise of his right to defense, so the defendant, who is excluded from the facts charged in this case ex officio, was driving DK5 car without obtaining a driver's license in the section of about 10 km from the Do near Songpa-gu Seoul Metropolitan City, Songpa-gu, to the 24-6 front road of the same city from the Do around March 13, 2018 to the 24-6-lane.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

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

1. Article 152 Subparag. 1 and Article 43 of the Criminal Act regarding criminal facts, and Article 152 Subparag. 1 and Article 153 of the Criminal Act regarding the selective sentencing of imprisonment, the Defendant was punished twice by driving without a license in 2016, and the Defendant had a record of being punished once by a license without a license in 2017, and the Defendant committed the instant crime even during the period of suspension of execution after being sentenced to a suspension of execution due to driving without a license or driving without a license in 2016.

However, the defendant does not drive a without a license while disposing of the vehicle that is against the fact of crime;

The above punishment shall be determined by taking full account of the following circumstances, including the fact that there are various circumstances, such as the Defendant’s age, sex, environment, background and result of the crime, the circumstances after the crime, etc., and the conditions for sentencing as shown in the records and arguments.

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