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(영문) 의정부지방법원 2013.07.19 2013고단897

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On March 5, 2013, at around 14:08, the Defendant driven a 14:00 vehicle in the Cwing and Ⅲ without obtaining a driving license from around 800 meters in a section from 695:0 meters to the front of the road in the Cwing-si, Chungcheongnam-do, Yangyang-do.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

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

1. The reason for sentencing under Article 152 subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act regarding criminal facts and Article 152 of the Act on the Selection of Punishment of Unlicensed Drivers has reached nine times, and in particular, the defendant was in a concurrent relationship between the crime of unlicensed driving and the crime of special larceny for which the decision was made in 2009 and the crime of unlicensed driving under the latter part of Article 37 of the Criminal Act.

In full view of the fact that the two years of the suspended sentence were sentenced to each of the two years of the imprisonment with prison labor, the period of the suspended sentence is too much long, and that the driver's license is continuously repeated after the cancellation of the driver's license in 2003, the preference to the defendant is only encouraging the defendant to commit an accident at the time of law, and it is inevitable to sentence strict punishment against the defendant.

However, the sentencing shall be determined by considering the fact that the defendant appears to reflect on his gender.