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(영문) 서울북부지방법원 2018.01.25 2017고단4510
도로교통법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On September 13, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a motor vehicle without a driver’s license from the 948-ro, Gangnam-gu, Seoul, Gangnam-gu to the 820-9 Down Women’s High School, Seoul, Nowon-gu, Seoul, without a driver’s license on September 13, 2017.

2. The driver of any motor vehicle, etc. who violates the traffic Acts shall be prohibited from threatening or endangering any other person, or causing any danger to traffic, by consecutively committing any violation of signal or any act over the center line, or by continuing or repeating any one act;

Nevertheless, the Defendant, as stated in Paragraph 1 at the time limit of the day set forth in Paragraph 1, driven a motor vehicle at the mother and driven the motor vehicle at the 948-ro, Gangnam-gu, Seoul, Gangnam-gu, Seoul and caused danger to traffic by driving signal violations three times in the course of driving the motor vehicle at the port of about 3 km and driving the motor vehicle without the driver's license to request a stop from the police officer while driving the motor vehicle at the 948-ro, Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Inspector, the driver’s license ledger, and the patrol booms video-related statutes

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraphs 1 and 2 of Article 151-2, and Article 46-3 of the Road Traffic Act (the point of the breadth), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of the breadthless Driving), and the choice of imprisonment, respectively, with prison labor;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes was two times due to drinking driving in the past, one time due to drinking and non-licenseing driving in the past, and three times due to non-licenseing driving in the past, as well as the fact that the Defendant again committed the instant crime without being aware of the fact that he/she was under suspension of the execution of imprisonment with prison labor due to the current non-licenseing driving, and that he/she again committed the instant crime without being aware of the fact that he/she was under suspension of the execution of imprisonment with prison labor, and there is no reason to consider

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