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(영문) 청주지방법원 2018.03.22 2017고단2808
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal history] On June 24, 2013, the Defendant received a summary order of a fine of KRW 6 million from the Seoul Southern District Court due to a violation of road traffic laws (unlicensed driving), five times the same punishment records.

On the other hand, on December 5, 2017, the Defendant was sentenced to six months of imprisonment for a violation of road traffic law in the Cheongju District Court's support, and appealed, and the Defendant is pending in the appellate trial as the court's 2017 No. 1616.

[2] On December 1, 2017, around 09:20 on December 1, 2017, the Defendant driven a Grand Kalymp Vehicle without obtaining a driver’s license from around 15 km section from the Gangseo-gu Seoul Metropolitan Government Seogdong to the 12nd road, Seocho-gu Seoul Seocho-gu, Seoul, to the 12nd road.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of vehicle operation;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes significantly true to this court, such as a reply to inquiry, investigation report, and judgment, such as criminal history;

1. Article 152 subparag. 1 and Article 43 of the Road Traffic Act regarding criminal facts, and Article 152 subparag. 1 and Article 43 of the Act on the Aggravated Punishment, etc. of Specific Crimes that are disadvantageous to the reasons for sentencing of imprisonment: The person was sentenced to a suspended sentence due to a crime of drinking, driving without a license, and violating the Act on the Aggravated Punishment, etc. of Drinking and Specific Crimes (any death or injury caused by a death or injury caused by a death or injury). While being tried for a crime of drinking without a license even while being tried for a judgment at the support of the Chungcheong District Court, the person cannot be seen as having been tried for a crime of drinking, and the risk of recidivism is high. The sentencing factors favorable to the defendant are recognized as erroneous and reflect. The other sentencing conditions of Article 51 of the Criminal Act shall be comprehensively taken into account.

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