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(영문) 대전지방법원 2017.11.06 2016고단1075
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[Criminal record] On February 13, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of Road Traffic Act (unlicensed driving) at the Daejeon District Court on February 13, 2015, and completed the execution of the sentence at Daejeon Prison on June 23, 2015.

[Criminal facts] On March 30, 2016, the Defendant driven a vehicle of Category C without obtaining a driver’s license in the section of about 180 meters from the front of the discount mat, which is located in the 275-ro of Daejeon, Daejeon District Court, Daejeon District Court, to the front of the Daejeon District Court of Daejeon, the Defendant driven a vehicle of Category C without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. An inquiry letter of driver's license, a report on the situation of driving without a license, and an explanatory note;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (verification of the date on which the execution of punishment of the relevant case is completed);

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. In light of the facts that the Defendant recognized the crime of sentencing under Article 35 of the Aggravation of Aggravation of Aggravation of Cumulative Offense Act and committed again the crime of this case during the period of repeated crime due to the same kind of crime, not only before the judgment, but also after the judgment, five times more criminal records of the fine due to driving without a license, etc., and the failure to comply with summons due to the absence on the sentencing date, it is inevitable to sentence a sentence of imprisonment for

In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.

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