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(영문) 수원지방법원 평택지원 2017.07.19 2017고단402

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

"2017 Highest 402"

1. On February 19, 2017, at around 00:20, the Defendant driven a B-car without obtaining a driver’s license on a section of about 30 km from the 37-24-gil to the 2149 km-ro, Suwon-gu, Suwon-si, Suwon-si, Suwon-si.

2. On February 26, 2017, around 18:30, the Defendant driven a vehicle on the preceding port at a section of about 5 km from 37-24, Sejong-si, Gyeong-dong, 2nd to 37-24, 37-24, Sejong-dong, 570 Blubs Hands, to the road in the same city without obtaining a driver’s license.

"2017 Highest 769"

3. On April 1, 2017, the Defendant driven a B-car without obtaining a driver’s license from around 4 km from the front of the “Stop PC at the early front of the Seocho-dong Non-dong,” to the front of the “Stop PC at the same time.”

"2017 Highest 1236"

4. On April 12, 2017, at around 21:40, the Defendant driven a B-car without obtaining a driver’s license in a section of about 10 meters from the road front of the K-1 food materials fat in the fat of Pyeongtaek-Eup, fat-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without any license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have three times the career of having been punished for driving without a license. All these are previous criminal records before and after December 2015. As such, even if the Defendant was punished on several occasions due to a recent without a license, he/she repeatedly conducted driving without a license. In particular, between February 10, 2017 and April 12, 2017, the Defendant was five times the driving without a license including the instant crime between February 10, 2017 and April 12, 2017 (the crime committed on February 10, 2017 among them becomes final and conclusive on March 3, 2017), and the Defendant was under control on the summary order on March 1, 2017.