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(영문) 청주지방법원 2018.12.11 2017고단1727

도로교통법위반(무면허운전)

Text

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

Reasons

Punishment of the crime

[criminal history] On October 13, 2014, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Road Traffic Act at the Suwon Friju District Court, and completed the execution of the sentence on June 2, 2015. On February 20, 2018, the Daejeon District Court sentenced the Defendant to one year of imprisonment with labor for a violation of the Road Traffic Act (drinking) and the judgment became final and conclusive on February 28, 2018. On October 30, 2018, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Road Traffic Act (dacting driving) at the Chungcheong District Court’s Chungcheong branch, and the judgment became final and conclusive on November 7, 2018.

[2] On May 4, 2017, the Defendant driven a D-Wn-Wn-Wn-Wn-Wn-Wn-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing Ling-Wing-Wing-Wing-Wing-Wing Ling-Wing-Wing-Wing Ling-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing,

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Voluntary accompanying report (driving without a license), and the license ledger;

1. Previous convictions: References to inquiries, investigation reports (period of repeated crimes), each judgment, application of Acts and subordinate statutes to investigation reports (verification of criminal records, etc.);

1. Relevant Article of the Act concerning the facts constituting an offense, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and imprisonment with prison labor for the option of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Act is to commit a repeated crime for the same kind of reason for sentencing Article 39(1).

C. The punishment as ordered shall be determined by taking into account the fact that there have been the same number of records and has been avoided trial proceedings for a long time, the relationship with the crime for which judgment has become final and conclusive, the age, sex, intelligence and environment of the defendant, the motive, means and consequence of the crime of this case, the circumstances after the crime, etc.