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(영문) 창원지방법원 밀양지원 2018.10.11 2016고단750
도로교통법위반(무면허운전)
Text

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

Reasons

Punishment of the crime

[criminal history] On April 16, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Changwon District Court on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on December 12, 2015.

[2] The Defendant, on November 5, 2016, 2016, driven a Maz car from approximately 200 meters away from the road front of the public parking lot in the south-gun, Nam-gun, Nam-gun to the road front of the public health center in the same Ri, without obtaining a driver’s license of around 09:05 on November 5, 2016, and driving a Maz car from around 200 meters to the road front of the public health center.

around 10:35 on March 14, 2017, the Defendant driven C physical-person car without obtaining a driver’s license from the front side of Samsung Changwon Hospital located in Samsung Changwon Hospital located in the front side of Samsung Changwon Hospital located in 158, 158, to the front side of the Namwon Hospital located in the 30km of the Namnam-gun, Namnam-do.

Summary of Evidence

"2016 Highest 750"

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Previous convictions in the judgment: References to inquiries, such as criminal history, investigation reports (Attachment to judgments on the same type of case), and current status of confinement "2017 Heights 128";

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the choice of imprisonment with prison labor, for the crime;

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

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes commits the crime in the judgment below 2016 highest 750 and then again commits the crime in the judgment below 2017 highest 128. Each crime in the judgment below is not only a repeated crime against the same kind of crime, but also a criminal defendant has the record of being punished several times including the punishment for the same kind of crime. Nevertheless, considering the fact that the defendant did not have obtained a driver's license at the beginning, and that the defendant escaped before and after the sentence of the judgment, the sentence of a sentence is inevitable.

In addition, the defendant's person.

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