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(영문) 대전지방법원 서산지원 2019.07.10 2019고단370

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 26, 2014, the Defendant was sentenced to two years of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) in the Seosan Branch of the Daejeon District Court on September 26, 2014, and was sentenced to six months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Seosan Branch of the Daejeon District Court on March 31, 2016, and the judgment became final and conclusive on April 8, 2016, and was released on March 30, 2017 and the period of parole was expired on June 9, 2017.

On March 21, 2019, the Defendant, without obtaining a driver's license, driven a Done Star Co., Ltd at approximately 500 meters section from the front side of Thai-gun B to the front side of Thai-gun C.

Summary of Evidence

1. Defendant's legal statement;

1. Application of enforcement manuals, field photographs, and the Acts and subordinate statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the sentencing reasons under Article 35 of the Criminal Act; (b) the age, character and conduct, environment; (c) the circumstances after the commission of the crime; and

3. Unfavorable circumstances: The history of punishment for the violation of the Road Traffic Act (unlicensed driving) is several times, and the circumstances favorable to the fact that the crime of this case was committed during the period of repeated crime are recognized and reflected.