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(영문) 서울남부지방법원 2017.10.31 2016고단4197
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On April 22, 2016, the Defendant was sentenced to a suspension of one year of imprisonment with labor for a violation of road traffic law (drinking driving) in the support of the Suwon Friwon, and the judgment on December 3, 2016 became final and conclusive.

The Defendant, from April 11, 2016 to July 19, 2016, driven a car at Cenz S550 on the front side of the Gyeonggi-si member B of the Gyeonggi-si, Gyeonggi-do, on June 2, 2016, even though the validity of a driver’s license was suspended.

around 21:20 on July 24, 2016, the Defendant driven a DK7 car without obtaining a driver’s license from the shooting distance in front of the mountain basin in the 267 airport of Gangseo-gu Seoul Metropolitan Government to about 6:5 on the same day from around 2.2km to the fire prevention of Gangseo-gu Seoul Metropolitan Government, and from around 22:40 on the same day, at around 6:5, as the fire prevention of Gangseo-gu Seoul Metropolitan Government, from around 6:3km to the cafeteria of the Seoul Gangseo-gu 6:37, both of the Seoul Gangseo-gu Seoul Metropolitan Government.

Summary of Evidence

"2016 Highest 4197"

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

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

1. Registers of driver's licenses and details of suspension of driver's licenses;

1. Previous convictions: References to inquiries, such as criminal history, reporting on the results of confirmation of the previous convictions of the disposition, and the text of each summary order "2016 Heights 5094";

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

1. Statement protocol by the police for E;

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. In light of 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, the Defendant is bound to be punished by strict punishment in light of the following: (a) even though he/she was under trial due to the drinking of reasons for sentencing; (b) he/she was aware of the progress of trial; and (c) he/she escaped even though he/she knew that

In these circumstances, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, occupation and family environment, shall be integrated.

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