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(영문) 서울서부지방법원 2019.07.02 2019고단1498
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Power】 On February 21, 2019, the Defendant was sentenced to one year of suspended sentence for six months by imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Seoul Southern District Court on February 21, 2019, and the judgment became final and conclusive on March 1, 2019 and is still under suspended sentence.

【Criminal Facts of Crimes】 On April 8, 2019, the Defendant driven a Eknife car from the front side of Seoul Jung-gu, Seoul to the front side of Seodaemun-gu C and D real estate without obtaining a driver’s license on April 8, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the current status of driving without a license, and the register of driver's licenses (A);

1. Previous records of judgment: Criminal history records, inquiry reports (A), investigation reports (Attachment of the same type and the judgment of suspended execution), application of Acts and subordinate statutes to the list of related cases;

1. Relevant legal provisions regarding criminal facts, Articles 152 subparag. 1 and 43 of the Road Traffic Act regarding the selection of punishment, and the reason for sentencing of sentence [unfair circumstances] has the history of repeatedly and repeatedly being subject to criminal punishment four times or more since the revocation of the driver’s license in around 2017.

Furthermore, the Defendant was sentenced to one year of suspended sentence for six months of imprisonment due to driving without a license on February 2019. Around that time, the above judgment became final and conclusive, and the Defendant committed the instant crime without any particular awareness after the lapse of one month from the date of the suspended sentence.

In light of the criminal records and the attitude of compliance significantly lacking, the sentence of sentence equivalent to the criminal liability of the accused is inevitable.

【Lied circumstances】 The defendant recognized his fault and did not repeat his vehicle by selling the vehicle.

The occurrence of the traffic accident was not occurred at the time of the pertinent unauthorized driving.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as ordered.

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