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(영문) 서울중앙지방법원 2018.07.12 2018고단2753
도로교통법위반(무면허운전)
Text

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

Reasons

Punishment of the crime

A previous conviction stated in the facts charged does not correspond to the elements of crime or aggravated punishment, and is not disadvantageous to the defendant's exercise of his/her right to defense, so the defendant excluded as stated in the facts charged, such as the facts charged, around 11:20 on April 1, 2018, he/she driven a C-car quantity without obtaining a driver's license in the section of about 2 km from 10:20 on the street to 64:0 on the street from 10:20 on the Seoul Gwanak-gu

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. In light of the relevant legal provisions regarding criminal facts, Articles 152 subparag. 1 and 43 of the Road Traffic Act, the grounds for sentencing of sentence of imprisonment for selective punishment, etc., the Defendant had a record of having been punished several times due to drinking driving, etc., and the crime of this case was committed during the suspension period due to drinking driving, etc., and the record of having been sentenced two times due to driving without a license during the suspension period, etc., the sentence of imprisonment is inevitable.

The above punishment shall be determined by comprehensively taking account of the various circumstances that may serve as the conditions for sentencing as shown in the records and pleadings of this case, such as the age, sex, environment, background and result of the crime, and circumstances after the crime.

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