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(영문) 대전지방법원 천안지원 2018.06.21 2018고단878
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On November 30, 2017, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Suwon Friwon on November 30, 2017, and the judgment on December 8, 2017 became final and conclusive.

[Criminal facts] On March 7, 2018, the Defendant driven a B rocketing car without obtaining a driver’s license from around 17 km to the point where 346 km in the direction of Busan-do, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Busan-si, Seoan-gu, Busan-do, the Busan-do Office of Busan-do.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions: A reply to inquiry, such as criminal history, a criminal investigation report (report attached to the judgement, etc. of the same kind of case of the suspect), and the application of each summary order and the text of the judgment;

1. The relevant criminal facts, Article 152 subparagraph 1 and Article 43 of the Act on the Election of Road, the grounds for sentencing of sentence of imprisonment and selective punishment, the defendant had a record of being punished for a crime of violating the Road Traffic Act (non-licenseless Driving) over five times even though he/she had no record of obtaining a driver's license, and among them, the record of being sentenced to a suspended sentence due to a crime of violating the Road Traffic Act (non-licenseless Driving) is up to three times. In particular, even though he/she was in the period of suspended sentence due to a crime of violating the Road Traffic Act (non-licenseless Driving), the defendant committed the crime of driving without a license in this case without a license in this case. In this case, a traffic accident occurs on an expressway due to the defendant's negligence. However, the defendant's mistake is recognized and against his/her own mistake, and the defendant's age, sex, environment, motive and circumstance of the crime, and various circumstances after the crime, etc. shall be determined by taking into account the following sentencing conditions.

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