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(영문) 청주지방법원 2017.11.28 2017고단2329

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[Criminal history] On February 12, 2015, the Defendant was sentenced to imprisonment for a violation of road traffic law (drinking driving) at the Daejeon District Court on February 12, 2015 and completed the execution of the sentence at Daejeon Prison on July 10, 2015.

[Criminal facts] On April 28, 2017, the Defendant driven a coo vehicle in B without obtaining a driver’s license from around about 30 meters from the road in front of the future studio in 251-15, U.S., Si-S., Sejong-si, Seoul Special Metropolitan City, to the front of the public toilet in the same Ri from around 0 meters to the road in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident scene photograph;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the same type of crime history and confirmation of repeated crime history);

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. In full view of the following: (a) the execution of imprisonment with prison labor due to the reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes; and (b) the nature of the crime is not good, such as recommitting a repeated crime during the period of repeated crimes; (c) recognition of and reflects on the crime; and (d) other factors for sentencing under Article 51 of the Criminal Act