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(영문) 의정부지방법원 고양지원 2017.04.28 2017고단801
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

At around 10:50 on March 12, 2017, the Defendant driven approximately 100 meters of B Poter freight cars in front of the first City cemetery located in the same Ri, from the common elementary school near the common luxane in the light lux, at the time of strike without the driver’s license of a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

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

1. Article 152 subparagraph 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 152 of the Road Traffic Act, Article 153 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 152 of the Act on the Aggravated Punishment, etc., confessions by the defendant for the sentencing of imprisonment, etc., which are favorable to the defendant, but the defendant has been punished due to multiple times of driving without a license or driving under drinking, etc., and in particular, the defendant was sentenced to a suspended sentence of one year by imprisonment for a crime of larceny, violation of the Road Traffic Act (non-licenseless driving), violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and violation of the Road Traffic Act (non-licenseed driving) at the time of a suspended sentence of two years for a year. However, it is difficult to expect the effect of recidivism against the defendant.

In full view of all the circumstances, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., the sentence as ordered shall be determined.

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