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(영문) 수원지방법원 2018.09.06 2018고단3765
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On October 16, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon District Court’s Eunpyeong District Court on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on July 12, 2015.

[2] On June 22, 2018, the Defendant, without obtaining a driver’s license, driven a vehicle of approximately 1 km from the front day of the D dormitory for the Dispute Resolution Co., Ltd., which is located in Ssung City around 22:10, to the front day of the 870 CU convenience store in Sungsung-si, Samcheon-ro, Samcheon-ro, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The actual survey report and on-site photographs;

1. Blue bbbbox images CDs for damaged vehicles;

1. Previous convictions: Application of attached Acts and subordinate statutes, such as a written reply to inquiries, including criminal history, current status of personal confinement, list of criminal suspects-related cases, and sentence;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the Defendant, who is not a driver's license, drives without permission, driving under influence, etc., was punished by imprisonment in 2004, and the Defendant was punished by a fine in 2009, and was punished by imprisonment with prison labor for not taking necessary measures after causing traffic accidents while driving without permission or driving without permission in 2010, and was punished by imprisonment with prison labor for not taking necessary measures after causing traffic accidents. Not only has the history of being punished by imprisonment with prison labor for causing traffic accidents while driving without permission or driving without permission in 2014, but also there is a possibility of criticism in that he/she again driving without permission in the same kind of motor vehicle without due care.

However, there are other records, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

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