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(영문) 의정부지방법원 2013.08.20 2013고단1875

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On April 21, 2013, the Defendant, at around 12:40, driven a car without a car driver’s license, from around 20 km section prior to the “Audio Stop” road located in Samsung-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheong-gun, to the front road of the “Oud stop” located in the “Oud stop.”

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without a license;

1. The applicable legal provisions of the crime and Articles 152 subparag. 1 and 43 of the Road Traffic Act on the grounds of sentencing for the punishment of the defendant from around October 13, 201 to around October 13, 201 have been sentenced to 12 times of a fine due to the violation of the Road Traffic Act, such as drinking, refusing to measure drinking, or without obtaining a license, and two times of a suspended sentence. In particular, the defendant committed the crime of unlicensed driving in this case while being sentenced to imprisonment for 4 months at the Seoul Northern District Court on October 13, 201 and 2 years of a suspended sentence, even though he was sentenced to imprisonment for 4 months of a suspended sentence and 2 years of a suspended sentence. The defendant committed the crime of this case without obtaining a license after the cancellation of the driver's license on around 205, and since from around around 2009, the defendant was sentenced to a suspended sentence of the above defendant's remaining driving in the name of the defendant without a license of the above defendant (the crime of this case is included only the defendant's imprisonment of this case.

However, considering the fact that the defendant seems to have an attitude against the defendant, and other various circumstances, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions as shown in the arguments, are considered.