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(영문) 춘천지방법원 원주지원 2019.01.17 2018고단938

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 27, 2018, at around 7:30, the Defendant, without a car driver’s license, driven C freight cars on the road located around about 50 km from the vicinity of the original city B apartment to the vicinity of the Gyeongcheon Highway, which is located in the Geum-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Haak-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to report the situation of driving without a license;

1. The defendant has a record of criminal punishment five times or more for the same crime, for the relevant Article of the crime, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act of the choice of punishment, and for the reason of sentencing of imprisonment with prison labor.

In particular, in 2012, the Defendant committed three or more same crimes without obtaining a license after the license was revoked due to drinking driving. In 2015, there was a record of being sentenced to a suspended sentence for the same crime, and two times or more after August 11, 2017, and the Defendant was sentenced to a fine for the same crime, but one year has not passed after being sentenced to a fine, and therefore, the Defendant has not committed the instant crime again.

In full view of the aforementioned circumstances, the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence as ordered shall be determined by comprehensively taking into account all the circumstances that are conditions for the