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(영문) 춘천지방법원 2020.05.12 2020고단94

도로교통법위반(무면허운전)

Text

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

Reasons

Punishment of the crime

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

On November 17, 2016, the Defendant was released on May 21, 2018 and the parole period expired on August 14, 2018 while the Defendant was sentenced to one year of imprisonment for a violation of the Road Traffic Act (Unlicensed Operation) by the Chuncheon District Court (see, e.g., Records No. 40).

(Evidence) Around 08:30 on December 20, 2019, the Defendant, without a car driver’s license, driven a d highest motor vehicle over approximately 800 meters in a section of approximately 800 meters from the front of the Hanyang-gun B apartment on the same military cel parking lot.

(See 9) Summary of evidence

1. Defendant's legal statement;

1. Registers of related photographs and driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, previous records of dispositions, results of confirmation, and application of Acts and subordinate statutes to the status of confinement of each individual;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders is that the Defendant, on October 25, 2015 (see, e.g., the evidence record No. 38) and July 8, 2016 (see, e.g., the record No. 50) were sentenced to imprisonment for one year (see, e., the record No. 48 pages). On August 14, 2018, the parole period was expired and approximately one year and four months have passed since the repeated crime period was committed again on December 20, 2019, and the Defendant committed the crime of this case again on December 20, 2019, without a license. In light of this, it is difficult to avoid a strict punishment due to the lack of responsibility.