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(영문) 춘천지방법원 2013.03.21 2013고단9

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 13, 2011, the Defendant was sentenced to ten months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) in the Jeju District Court's original branch on April 13, 201, and completed the execution of the sentence in the Chuncheon Prison on October 19, 2012. On October 15, 2012, the Defendant was sentenced to six months of imprisonment and two years of suspended execution due to fraud, etc. at the Chuncheon District Court on October 15, 2012, and said judgment becomes final and conclusive on October 23, 2012, and is currently under a grace period.

On December 22, 2012, around 21:30 on December 22, 2012, the Defendant driven a car at a section of approximately 300 meters from the front day of the Samcheon-si, Samcheon-dong, Samcheon-si to the front day of the Thocheon-dong, Samcheon-si, Samcheon-do, without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and investigation reports (report attached to a written judgment, the date of the final judgment, and the date of release from the court) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders is that the defendant is divided in depth with his mistake, etc., and the defendant again committed the instant crime during the period of probation, the period of probation, and the period of repeated crime. There are unfavorable circumstances, such as the time when the instant crime was committed was committed again during the period of probation, and the period when two months elapsed after release, and such circumstances are determined as ordered by taking account of the various circumstances as shown in the present pleading process, including the defendant’s age, character, character, occupation, environment, health conditions, etc.

It is so decided as per Disposition for the above reasons.