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(영문) 수원지방법원 평택지원 2017.06.14 2017고단83

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On July 1, 2015, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act at the Suwon District Court’s Pyeongtaek District Court’s Lanwon, and completed the execution of the sentence on February 28, 2016.

[2] On January 11, 2017, the Defendant driven the D-5 car without obtaining a driver’s license from around 10 kilometers from around 09:25 to around 10 kilometers from around 09:25 to around 10 kilometers prior to the same city-skid-Eup Skid-Eup road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (verification of repeated crime records), judgment text (Evidence List No. 16), and current status of acceptance of individuals;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act selected as a penalty.

1. Article 35 of the Criminal Act of aggravated repeated crimes has the history of being punished once due to driving under the influence of alcohol, drinking, unlicensed driving, etc. for the reason of sentencing. Among them, one time a suspended sentence (201), two times a suspended sentence (201, 2015, 2015) is included.

In addition, the force of the above sentence is about the crime during the period of probation or repeated crime.

Nevertheless, the Defendant committed the instant crime without being aware of the repeated crime due to the drinking driving crime during the period of repeated crime.

Therefore, the sentence is inevitable, and the sentence is a simple driving without a license, and the punishment is imposed two times for a non-licenseless driving, and the punishment is imposed two times, taking into account all the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the motive and circumstances of the crime in this case, the defendant's age, sex, environment, family relation, etc.