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(영문) 의정부지방법원 2015.06.25 2014고단4750

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On November 3, 2011, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the District Court of Jung-gu on November 3, 201, and completed the execution of the said sentence on May 25, 2012.

[2014 Highest 4750] The Defendant driven B Poter Cargo Vehicles from the Han-dong Village at Yangju-si to the same taam Trily Ga, without obtaining a driver's license around 14:15 minutes on December 3, 2014.

[2015 Highest 681] On February 4, 2015, the Defendant driven a B-type cargo vehicle without a car driver’s license in a section of about 5 km from the upper right side of the upper right side to the upper right side of the front side of a restaurant at the same time.

Summary of Evidence

【Prior Records at the Time of Sales】

1. A statement on criminal records, etc.;

1. Investigation report (attached to a judgment and a summary order);

1. Investigation report (the confirmation of the date of release);

1. Current status of the number or accommodation of each individual;

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. A driver's license inquiry letter [2015 Height681];

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of Acts and subordinate statutes to the licensing ledger (A);

1. Article 152 of the Road Traffic Act and Articles 152 subparagraph 1 and 43 of the same Act concerning the punishment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. From the perspective of the fact that the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes include: (a) the Defendant had been repeatedly driving from around 2003 even though he did not have obtained a driver’s license; (b) as a result, the Defendant has been sentenced to imprisonment for a period of four months due to a violation of the Road Traffic Act (unlicensed Driving) in 2010; (c) a suspended sentence of one year; (d) a violation of the Road Traffic Act (Unlicensed Driving) in 2011; and (d) a violation of the Road Traffic Act (Unlicensed Driving); and (d) a person has been sentenced to a fine by driving without a license during the period of repeated crimes; and (e) the risk of recidivism, such as committing the crime of this case more than twice during the period of repeated crimes.

However, the defendant's writing is well.