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(영문) 청주지방법원 충주지원 2020.01.15 2019고단599

도로교통법위반(무면허운전)

Text

The punishment of the accused shall be set forth in six months.

Reasons

Criminal facts

[Criminal Power] On December 6, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Housing Site, and the Defendant terminated the execution of the sentence on April 15, 2019 after paroled on January 30, 2019.

【Criminal Facts】

On September 15, 2019, the Defendant, without obtaining a driver’s license on a motor vehicle on September 11:10, 2019, driven a Bsch Rexton car from about 20km to the 4-distance in the Shincheon-si Eup to the mastular intersection in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The driver's license ledger;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, investigation reports (verification of the fact during the repeated period);

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, shows the attitude of recognizing and opposing their mistakes in this law.

However, the defendant was subject to criminal punishment by driving under the influence of alcohol and driving without a license several times.

On August 11, 2017, the Defendant was driving without obtaining a driver’s license while driving under influence on August 11, 2017, and revoked a driver’s license. Considering the period during which the Defendant did not obtain a license, the nature of the offense is bad.

In addition, the punishment shall be determined as ordered in consideration of the age, environment, details and method of the crime, attitude after the crime, and various sentencing conditions shown in the pleading.