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(영문) 서울서부지방법원 2017.10.31 2017고단2036
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 4, 2017, around 15:40 on June 4, 2017, the Defendant driven the D class III cargo vehicle without obtaining a driver's license for the front of Eunpyeong-gu Seoul Metropolitan Government.

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. The punishment as ordered under Article 51 of the Criminal Act, such as the Defendant’s age, sex, home environment, economic situation, motive for committing a crime, and circumstances after committing a crime, shall be determined by taking into consideration the following conditions of sentencing, under Article 152 subparag. 1 and 43 of the Act on the Road Traffic, the sentencing of imprisonment for selective punishment: the Defendant’s age, sex, home environment, economic situation, motive for committing a crime;

The Defendant was punished by a fine for driving without a license in 2008 and 2009, and was punished by a fine on October 13, 2014.

Defendant was sentenced to a suspended sentence of two years for October 13, 2016, by causing a traffic accident while driving a motor vehicle without a license on April 25, 2016, even though his/her driver’s license was revoked on September 10, 2014 due to the foregoing drinking (Seoul Eastern District Court 2016 Height 2751). The Defendant was sentenced to a fine on February 17, 2017 by driving without a license on February 17, 2017 (Seoul Eastern District Court 2017 Height 941), and the Seoul Eastern District Court was tried (Seoul East District Court 2017 Height 941).

On June 4, 2017, the driving without a license was resumed, such as the instant crime.

- The Defendant had been under probation, and the Defendant again committed the instant crime while being tried for the same kind of crime, and the warning effect of the probation judgment was no longer sufficient for the Defendant.

- According to the punishment power of the past in relation to driving without a license, repeated driving by the defendant violates the legislative intent of the Road Traffic Act, which establishes a license system in relation to driving of motor vehicles.

A driverless driving shall cause an accident that causes a shock of street lights while driving by the defendant.

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