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(영문) 의정부지방법원 2018.10.31 2018고단3007

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 6, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of road traffic laws (unlicensed driving) at the District Court of Jung-gu District on December 6, 2017, and is still under probation after the judgment became final and conclusive on December 14, 2017.

1. On May 15, 2018, the Defendant driven a D 20km car without a driver’s license at the 20km section from the Government-Si around 09:00 to Dong Ducheon-si.

2. The Defendant, at around 13:40 on the same day, driven the said Bluri-ri car without a driver’s license from the convenience store to the Elive point near C, and from the convenience store to the above C at approximately 800 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same type and the records of suspended execution);

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the Defendant, on the grounds of sentencing, has been driving another without a license during the suspension of execution due to the same crime; and (b)

Since 2016, a person was punished for three times or more by driving without a license.

The instant unlicensed driving led to a traffic accident.

In addition, the defendant's age, sex, environment, motive and background leading to the crime of this case, means and results thereof, circumstances before and after the crime of this case, and other conditions of sentencing as shown in the arguments of this case shall be determined as the disposition.