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(영문) 춘천지방법원 강릉지원 2017.03.09 2017고단83

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 7, 2015, the Defendant was sentenced to nine months of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Chuncheon District Court's Gangseo branch branch court (hereinafter "Act on the Aggravated Punishment, etc. of Specific Crimes"). On July 6, 2016, the Defendant completed the execution of the sentence at the Gangnam prison.

On January 9, 2017, the Defendant driven a rocketing car without obtaining a driver’s license from around 3 km section from the Jeju apartment parking lot, which was in the Tri-dong, to the above Jeju apartment parking lot, via the stone of the country located in the same Tri-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions: Inquiries about criminal history, reporting the results of previous convictions and reporting the results thereof, and applying Acts and subordinate statutes to investigation reports (verification of crimes during the period of repeated crimes);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting a crime;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the Defendant has been punished several times due to a violation of the Road Traffic Act (unlicensed driving) and a violation of the Road Traffic Act (dacting driving), etc., and the Defendant committed the instant crime only for six months and six months since the execution of the sentence was completed even during the repeated crime period. Therefore, the Defendant is inevitable to be sentenced to a sentence on the Defendant.