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(영문) 춘천지방법원 영월지원 2019.07.05 2019고단140
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Power] On January 25, 2018, the Defendant was sentenced to two years of suspension of the execution on August 2, 2018 by imprisonment with prison labor for violating the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On March 20, 2019, at around 15:25, the Defendant driven a F Ⅲ truck without obtaining a driving license from around 1.5 km section to the national highway 6km located in Pyeongtaek-gun B of Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses, and car4;

1. Previous convictions: Inquiry and inquiry reports and the application of Acts and subordinate statutes concerning investigation reports (the confirmation of crimes during the suspension of execution of sentence);

1. Relevant Article of the facts constituting the crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that selects the punishment, and reasons for sentencing selective to imprisonment;

1. The scope of applicable sentences: Imprisonment for one month to one year;

2. Scope of recommending types: Setting of unspecified sentencing criteria.

3. On January 25, 2018, the Defendant sentenced two years of suspended sentence to imprisonment for a violation of the Road Traffic Act and a violation of the Road Traffic Act on August 25, 2018, and was sentenced to two years of suspended sentence and committed the instant non-licensed driving under the period of suspended sentence even though the said judgment became final and conclusive on February 2, 2018.

The defendant has been punished for a fine of one million won for a violation of the Road Traffic Act in 2011 and a fine of four million won for the same crime in 2016.

It is inevitable to make a sentence of punishment in light of the criminal records, distance from the previous criminal records, etc.

However, the fact that the defendant is recognized to commit a crime and reflects the form of punishment shall be considered in determining the term of punishment. In addition, the defendant's age, character and conduct, family relationship, motive and means of a crime, and circumstances shown in the records and arguments of this case, such as circumstances after the crime, shall be determined as ordered by the court.

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