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(영문) 청주지방법원 충주지원 2016.06.10 2016고단116

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records] On December 1, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended sentence due to a violation of road traffic laws (unlicensed driving) at the Cheongju District Court's Assistance, etc.

9. The ruling becomes final and conclusive and is currently in suspension of execution.

[2] Notwithstanding the fact that the Defendant did not obtain a valid driver’s license on January 18, 2016, the Defendant driven BM5 vehicles in the section of approximately 300 meters near the 389-ro 389 Madon-ro, Madon-ro, Madon-ro, Madon-ro, Madon-ro, Madon-ro, Madon-ro, Madon-ro, 162.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. On-site photographs and a survey report on actual conditions;

1. The driver's license ledger;

1. Investigation report (the report on confirmation of the wire call of the person involved in the accident, such as the suspect);

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (report on confirmation of the history of the same suspended sentence of a suspect), and application of a copy of the judgment;

1. Circumstances unfavorable to the reasons for sentencing on Article 152 Subparag. 1 of the relevant Act and Articles 152 and 43 of the Road Traffic Act (Optional to Imprisonment) concerning criminal facts: The defendant committed the instant crime again only one month after the final judgment on the crime of violating the Road Traffic Act (unlicensed driving) as stated in the judgment, despite the fact that he/she had a record of three-time punishment due to driving without a license, and thus, is highly likely to repeat the crime;

The circumstances that seem to be favorable: The punishment shall be determined as ordered in consideration of the above circumstances, the Defendant’s age, sexual conduct, environment, background, means and consequence of the crime, and the circumstances after the crime.