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(영문) 대전지방법원 공주지원 2019.03.08 2017고단470

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On October 20, 2016, the Defendant sentenced six months to imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Daejeon District Court's Branch on January 11, 2017, the Defendant completed the execution of the said punishment at the Suwon District Court on May 27, 2017.

【Criminal Facts】

On November 12, 2017, at around 07:10, the Defendant driven a motor vehicle of approximately 300 meters from the Cheongyang-gun B’s parking lot to the “Dcafeteria” road located in C, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. On-site photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (prior records of a suspect and confirmation of repeated crimes)-related Acts and subordinate statutes;

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 under Article 35 of the Criminal Act, with respect to a repeated crime, was sentenced to a punishment due to drinking alcohol, driving without a license, etc., and again, the Defendant was driving without license at the time of not more than six months from the date of release.

The defendant has three-time penalty records for driving without a license.

In addition, the defendant was absent on several occasions in the trial process, and did not attend the trial date for a long time even after the pleading has been closed.

Although the defendant's wrong recognition of his or her mistake and the distance from driving is not long, it is unreasonable to punish the defendant somewhat for such reasons as above, taking into account the criminal records of the defendant and the period up to recidivism.

Even if the defendant is placed, the correction or opening of the corresponding defendant cannot be expected.

The punishment as ordered shall be determined by comprehensively taking into account the aforementioned circumstances and the defendant's age, character, conduct, environment, occupation, etc. and various sentencing conditions shown in the trial process.