(영문) 광주지방법원 해남지원 2016.11.03 2016고단381



A defendant shall be punished by imprisonment for four months.


Punishment of the crime

[criminal power] On June 20, 2013, the Defendant was sentenced to 8 months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Suwon District Court on June 20, 2013, and was reinstated in the Suwon Detention House, and the execution of the sentence was terminated on September 18, 2013.

【Criminal Facts】

On June 8, 2016, at around 05:55, the Defendant driven Cone Star Co., Ltd without obtaining a driving license from around 2 km section from the front road of the new road hot spring station located in Ansan-si, Seoul to the front road of the Sinsi-dong 2158, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Report on the situation of operation without a license;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), copies of criminal investigation reports (to be bound with a summary order, etc., a report on the expiration of the term of punishment), one copy of the summary order, two copies of the judgment, etc., one copy of the judgment, and the application of one of the Acts

1. The Defendant had the record of having been punished several times for the same kind of crime and committed the instant crime without being aware of the fact that he had committed the crime during the period of repeated crime, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding the applicable criminal facts, the choice of punishment, and the sentencing of imprisonment.

It is inevitable to sentence sentence in that the defendant repeats without any particular awareness of the crime.

A specific sentence shall be determined in accordance with the order, taking into consideration the favorable circumstances in which the defendant reflects his gender, and taking into account all the factors of sentencing revealed in the process of the trial of this case, such as the age, character and conduct, environment, background of the crime, and circumstances after the crime.