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(영문) 서울중앙지방법원 2018.02.07 2017고단8838
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 3, 2017, around 20:20:23, the Defendant driven a B Podrid machine without a driver’s license from the 375 Do-ro, Jongno-gu, Jongno-gu, Seoul, to the road in front of 291, approximately 850 meters from the Cheongdo-ro, Jongno-gu, Seoul to the road in front of 291.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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 Road Traffic Act regarding criminal facts, and Article 152 Subparag. 1 and Article 153 of the Act on the Road Traffic, and Article 152 of the grounds for sentencing of sentence of imprisonment, recognize

However, the defendant has been punished several times due to drinking or non-licensed driving.

In particular, on November 8, 2017, after being sentenced to a suspended sentence on the grounds of drinking driving on November 8, 2017, the sentence became final and conclusive, and again, the crime of non-licensed driving in this case was committed.

In addition, minor punishment such as fine alone seems to be difficult for the defendant to raise the habitive behavior such as drinking without a license.

The sentence shall be imposed in consideration of these circumstances, and the sentencing conditions shall be determined as ordered by considering the following factors, including the defendant's age, sex, environment, power, circumstances after the crime, and the circumstances after the crime.

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