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(영문) 수원지방법원 2015.04.09 2014고단7185

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 28, 2011, the Defendant was issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Suwon District Court on January 28, 201, and on August 13, 2013, the Defendant was sentenced to imprisonment of 8 months with prison labor for a violation of the Road Traffic Act (driving) at the Suwon District Court on August 13, 2013, and was sentenced to a suspended sentence of 2 times or more.

On November 3, 2014, the Defendant, without obtaining a driver’s license at around 21:58, driven a B-hand car at a section of about 10 K km from the front of a desired landing restaurant located in the C-rith of the C-rith of the C-rith of the C-rith of the C-rith of the C-rith of the C-rith of the C-rith of the C-rith of the C-rith of the C-rith of the C-rith of the C

Summary of Evidence

1. Defendant's legal statement;

1. Notification of driver's license inquiry and the control results of drinking driving;

1. Previous convictions in judgment: Application of criminal records, reply statements, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. The defendant shall be punished by imprisonment with prison labor, considering the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has already been four times due to driving without a license and four times due to drinking without a license, and in particular, the defendant commits the instant crime while being sentenced to a suspended sentence of imprisonment due to driving without a license and driving without a license and again commits the instant crime during the suspended sentence period.

In addition, the period of imprisonment with prison labor, along with the above circumstances, shall be determined for eight months after the statutory punishment is mitigated, taking into account various sentencing conditions, such as the defendant's reflectivity and family penal conditions.