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(영문) 서울중앙지방법원 2018.11.09 2018고단3156
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 30, 2018, the Defendant was sentenced to imprisonment with labor for a violation of the Road Traffic Act (non-licensed driving) at the Seoul Central District Court on June, 201, and the decision became final and conclusive on November 2 of the same year.

around 23:50 on May 10, 2018, the Defendant driven a Bing vehicle without obtaining a driver's license from around 10, 132-gil, Gangnam-gu, Seoul, to about 10-ro, Gangnam-gu, Gangnam-gu, Seoul, to about 107.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note and a vehicle photograph;

1. Details of driver's license revocation;

1. The driver's license ledger;

1. Previous conviction: Application of criminal history inquiry, investigation report (a case pending in the appellate trial of a suspect), Seoul Central District Court Decision 2017 Height 7092 Decided 7092, and the search Acts and subordinate statutes of the case;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

2. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: (a) there is no history that the defendant was punished as a sentence for the reason of sentencing under Article 39(1) of the Criminal Code; and (b) there is a need to consider equality in the case where the defendant was judged at the same time before and after the judgment was entered in the judgment; (c) the defendant was punished on March 30, 2018 by a suspended sentence for driving without a license and continued the appellate trial on March 30, 2018; and (d) the defendant again committed the instant crime without any reflectivity even though he was in the appellate trial after being sentenced to a suspended sentence on March 30, 2018; (d) the above same type of criminal records are relatively recent; and (e) the defendant's age, sex, family relationship, circumstances after the crime

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