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(영문) 수원지방법원 평택지원 2017.05.10 2016고단2943

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to one year of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seogsan Branch of the Daejeon District Court on February 4, 2016, and the said judgment became final and conclusive on July 7, 2016, and is currently subject to probation.

[2] On October 22, 2016, the Defendant driven CM5 car from around 1km to around 27:40 on the road in front of the non-exclusive restaurant in the parallel of Pyeongtaek-si in Pyeongtaek-si without obtaining a driver’s license for a motor vehicle on October 22, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes, such as a written inquiry about criminal history and text of judgment;

1. The grounds for sentencing of Article 152 subparag. 1 of the pertinent Act and Articles 152 subparag. 1 and 43 of the Road Traffic Act regarding criminal facts and the selective punishment are recognized as the facts charged of this case and reflects his mistake. The disposal of vehicles operated by the defendant, etc. are favorable to the defendant, or the defendant does not know himself during the period of probation due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Evacuation Vehicles). Furthermore, the defendant was punished by a fine by driving without a license even though one month has not passed since he was sentenced to the above suspended sentence (Seoul District Court Seosan Branch Branch 2016 High Court Decision 1181). Moreover, it is reasonable to sentence the defendant to the effect that the defendant driving without the license of this case in addition to the fact that the defendant was sentenced to a fine by driving without a license even though one month has not passed since the above suspended sentence became final and conclusive.

Other circumstances shown in the records, such as the age, sex, family environment, etc. of the defendant, the punishment shall be determined as per the disposition.