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(영문) 의정부지방법원 2018.05.11 2018고단390

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of three years on September 16, 2017 by imprisonment with prison labor for a crime of violating road traffic law (unlicensed driving) at the Jung-gu District Court on September 8, 2017, and the judgment became final and conclusive on September 16, 2017 and is currently under suspended sentence.

[2] On January 15, 2018, at around 09:10, the Defendant driven two cargo vehicles of approximately 200 meters from January 15, 2018 to around 28, South Eup/Myeon (hereinafter “Seoul”) at the same time, from around 09:10, to around 17:00,000, in the shape of the Eup/Myeon (hereinafter “Seoul”) at the same time.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving without a license and report on detection (violation of the Road Traffic Act);

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. The reasons for sentencing under Article 152 subparagraph 1 of the pertinent Act and Article 152 and Article 43 of the Road Traffic Act regarding the crime of this case, are for the defendant, who was sentenced to a four-time fine by driving without a license and a four-time suspended sentence, and who is currently under suspended sentence due to a violation of the Road Traffic Act (unlicensed driving), there is a high possibility of criticism in light of the fact that the defendant committed the crime of this case again, and therefore, it is inevitable to punish the defendant significantly.

However, considering the fact that the defendant led to the crime in this case and is against the defendant's age, sexual conduct, environment, motive or background of the crime, means and method of the crime, contents and result of the crime, etc., the punishment as ordered shall be determined by taking into account all the circumstances of the crime in the records, such as the following circumstances.