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(영문) 춘천지방법원 2017.08.08 2017고단463

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 18, 2017, at around 10:37, the Defendant driven a CSP car without obtaining a driver’s license from around 2 km section from the front of the frequency of the Gyeongcheon-gun, Hongcheon-gun, Hongcheon-do, Hongcheon-do, Hongcheon-do, to the front of the two-lane 15-3-ro, Namnam-ro, the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding criminal facts, and Article 152 Subparag. 1 and Article 153 of the Road Traffic Act regarding selective sentencing of imprisonment, the defendant's reason for sentencing of sentence of imprisonment is that the defendant does not drive without a license again while committing the instant crime, etc. are favorable sentencing factors for the defendant.

However, even though the defendant was sentenced two times due to drinking driving in 2007 and 2009, the fine of two times due to driving without a license in 2012 and 2013, and two times due to driving without a license in 2015 and 2017, he/she is also driving without a license. In particular, the crime of this case was committed at the time when the defendant was sentenced to a suspended sentence for protection and observation due to driving without a license in March 28, 2017 and was sentenced to a suspended sentence for 13 days from April 5, 2017, which became final and conclusive, and it was committed at the time when the defendant was sentenced to a suspended sentence for protection and observation due to a driving without a license in 2007 and 2009, and the crime of the defendant is not good.

In addition, all other circumstances, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the pleadings of this case, shall be determined as per the order.