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(영문) 서울중앙지방법원 2018.05.03 2018고단1775
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A previous conviction stated in the facts charged in the instant case does not correspond to the elements of crime or aggravating punishment, but does not disadvantage the Defendant’s exercise of his right to defense, and thus, the Defendant was excluded from ex officio from criminal facts on February 2, 2018, at around 09:30, the road from around 32-4, Songpa-gu, Seoul Samsungdong, 32-4, Seoul, to the road front of Samsungdong, Gangnam-gu, Samsungdong, 80, a car driving a car without a driver’s license in the

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

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

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, has the record of being punished for drinking alcohol driving in 2014, and the Defendant again committed the instant crime even though he/she was punished for drinking alcohol driving or driving without a license in 2017, it is reasonable to punish him/her strictly.

However, the above punishment shall be determined by comprehensively taking account of the following circumstances, including the fact that the defendant was committed in the course of committing the crime, the fact that there is no record of the suspension of execution or heavier punishment, and the defendant's age, sex, environment, circumstances, circumstances, and results of the crime, and the circumstances after the crime, and the conditions of sentencing specified in the records and arguments.

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