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(영문) 수원지방법원 2017.09.05 2017고단4047

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

On June 8, 2017, around 09:40, the Defendant driven a C Car with C Car without obtaining a driver’s license from the front of the Defendant’s residence in Gwangju City to the front of the G-si, G-ro 367-gil 14, G-ro 367, G-ro, G-ro 367, G-ro, G-ro 367.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the register of tea;

1. Circumstances favorable to the defendant for the reasons for sentencing of punishment of imprisonment, as follows, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding the relevant criminal facts, Articles 152 Subparag. 1 and 43 of the Road Traffic Act, and Articles

The defendant is deeply divided into and reflected in the crime of this case.

In this case, the driverless driving of the defendant was limited to one time.

It seems that the defendant tried to dispose of the vehicle operated by the defendant.

The defendant has no previous convictions of imprisonment.

Circumstances unfavorable to the defendant are as follows:

The defendant has been sentenced to a fine of KRW 1.5 million due to drinking and driving without a license in 2002, a fine of KRW 2 million due to driving without a license in 2002 and 2003, a suspended sentence of KRW 1 million for six months due to driving without a license in 2009, a suspended sentence of KRW 5 million due to driving without a license in 2016, and a non-license in 2016.

In particular, the Defendant was sentenced to imprisonment for six months with prison labor due to driving without a license in 2017, and was sentenced to one year of suspended execution, and again committed the instant crime during the suspended execution period.

In 208 and 2015, the Defendant has been punished by a fine for driving under the influence of alcohol, respectively.

There is no special circumstance that the defendant has to drive.

In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime, the sentence is inevitable, and thus, the sentence is to be determined as per Disposition.