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(영문) 수원지방법원 평택지원 2017.10.18 2017고단1368

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who was sentenced to a suspended sentence of three years on January 12, 2017 by imprisonment with prison labor for a violation of road traffic law at a flood control center on January 12, 2017, and the said judgment became final and conclusive on the 20th of the same month.

[Criminal facts] On April 26, 2017, the Defendant driven C rocketing vehicles without obtaining a driver’s license within a section of about 150 kilometers from the vicinity of the Materntol in the city of Kimcheon-si to the private Ri Kimcheon-si branch of the Sincheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. A report on detection by a person violating the Traffic Act (non-licenseed driving) on roads;

1. Previous convictions: Application of inquiry statements, investigation reports, and Acts and subordinate statutes governing the suspension of execution;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Circumstances favorable to the reasons for sentencing selective punishment of imprisonment: The defendant who has been sentenced to a suspended sentence of imprisonment due to a crime of violating the Road Traffic Act, etc. and for whom a long period of time has not yet elapsed since he was sentenced to a suspended sentence of imprisonment due to a crime of violating the Road Traffic Act, etc., committed a crime of violating the said Act; and other factors such as the defendant's age, family relation, and circumstances leading to the crime, etc.: The defendant's age, family relation, and imprisonment for not less than 4 months; the defendant's sentence shall be imposed on the grounds of a suspended sentence of imprisonment;