beta
(영문) 광주지방법원 해남지원 2016.06.09 2016고단82

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On June 5, 2015, the Defendant was sentenced to four months of imprisonment for bodily injury at the Gwangju District Court, and completed the execution of the sentence at the Gwangju Prison on October 16, 2015.

[Criminal facts] On March 7, 2016, the Defendant driven B Poter freight without obtaining a driver’s license from around 1km to the front road of the public health branch, where it was transmitted from the front of the Geum River to the front road of the same Myeon, on the ground that it was transmitted from the front road of the Geum River to the Song River.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on Unlicensed Operational Situation, and Vehicle Driver’s License Register -A

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, reporting on the results of confirmation of previous convictions against disposition, reporting on investigation (Attachment to the same sentence attached thereto, each attached sentence attached thereto), reporting on investigation (crimes during the period of repeated crimes), text of judgment, and number of personal identifications and acceptances by each person, respectively;

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 Defendant for sentencing Article 35 of the Criminal Act of aggravated repeated crimes repeats the same crime without any awareness of any particular crime even though he/she had a record of being punished several times for the same kind of crime.

In addition, the defendant committed the crime of this case even though he was committed during the period of repeated crime, and it is inevitable to sentence sentence.

In determining the specific sentence, all the factors of sentencing revealed in the trial of this case, such as the degree of reflection of the defendant, reasons why the defendant was driving without the license, and circumstances after the crime, shall be considered.

참조조문