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(영문) 춘천지방법원 강릉지원 2017.09.13 2017고단311
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Majority Offense] On January 27, 2015, the Defendant was sentenced to one year of imprisonment for fraud at the Gangnam Branch Branch of the Chuncheon District Court, and the execution of the sentence was terminated at the Port Correctional Institution on May 31, 2016.

[2] On February 14, 2017, the Defendant driven a coo vehicle without a vehicle driver’s license from the front side of the Gangnam-si apartment to the front side of the E in the same city as the vehicle driver’s license on February 14, 2017 to the F which was not covered by mandatory insurance without a vehicle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. To inquire into the ledger of driver's licenses, chassis, and mandatory insurance;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 (Unlicensed Driving), Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of imprisonment for each type of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In light of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the same Act, the number and contents of the accused’s same records of sentencing, and the recidivism during the period of repeated crimes, etc., a sentence of sentence is inevitable;

Provided, That the sentence of the defendant shall be determined in accordance with the order, considering favorable circumstances, such as the fact that he/she is against the defendant, the health status of the defendant, the family environment of the defendant, support relationship (support for the elderly suffering from dementia), etc.

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