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(영문) 수원지방법원 성남지원 2016.11.11 2016고단2530

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 16, 2016, the Defendant, without obtaining a driver's license at around 15:10 on August 16, 2016, driven the E rocketing car from approximately 4 km to the roads near the Gyeonggi-si to the 61st road in the same city railway.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to photographs of vehicles operated by a suspect;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding criminal facts, Articles 152 Subparag. 1 and 43 of the Act on the Selection of Penalty, and the defendant's reason for sentencing of imprisonment with prison labor is the defendant's imprisonment with prison labor for 4 months at the branch court of Suwon District Court on July 13, 2016, who was sentenced to a two-month suspended sentence, and the judgment became final and conclusive on July 21, 2016, and is currently under suspended sentence, and the criminal records related to drunk driving and non-licensed driving are more than five times, the crime in this case was committed since one month has not passed since the judgment became final and conclusive

There is no reason to consider the circumstances leading to the Defendant’s instant crime.

It is necessary to give warning to the defendant who can be seen as weak will to observe traffic laws and regulations.

The preference to the defendant is more important than that of the defendant, and it is inevitable to pronounce strict punishment on the defendant, because the defendant only encourages the accident at the time of law.

However, in light of the fact that the defendant did not cause a traffic accident due to the crime of this case, when the defendant is sentenced to a punishment in this case and the sentence of this case becomes final and conclusive, the sentence of this case should be sentenced to the punishment of four months which has been suspended due to the invalidation of the previous suspended sentence, the defendant's health condition is not good, and other factors such as the defendant's age, character and behavior, environment, motive and circumstance of the crime and circumstances after the crime, etc.