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(영문) 수원지방법원 성남지원 2016.07.22 2016고단1409
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On May 13, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle at around 21:40, driving D Ra in a section of about 2km from the front side of the summer-gu, Sungnam-dong to the front side of the shooting distance in the same Sungnam-dong market.

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. In full view of the relevant legal provisions regarding criminal facts and the reasons for sentencing under Articles 152 subparag. 1 and 43 of the Road Traffic Act (Selection of Imprisonment), as well as all other factors of sentencing as indicated in the record, including the Defendant’s age, occupation, sex, environment, and circumstances before and after the instant crime, the Defendant cannot be exempted from punishment, and thus, the same sentence as the order shall be determined.

In favor of the defendant, the defendant is against the defendant, and the defendant's main figures want to take the defendant's wife.

- The Defendant disposed of the instant vehicle.

- The detention of the accused entails a difficult situation for the dependent.

The defendant has a record of suspending the execution of one time (a concurrent crime with an escape vehicle) due to driving without a license in 2015 and of punishing a single fine, and has a record of punishing a single fine due to driving by drinking.

- Nevertheless, on February 3, 2016, the Defendant was sentenced to imprisonment for three months with prison labor in this court on May 27, 2016.

- In addition, the crime of this case was committed on May 13, 2016 during the trial of the case.

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