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(영문) 춘천지방법원 영월지원 2019.06.04 2018고단472
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On May 15, 2018, the Defendant was sentenced to two years of suspension of execution for one year of imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Youngcheon District Court’s Young-gu branch on May 15, 2018 and the judgment became final and conclusive on May 23, 2018.

【Criminal Facts】

On September 14, 2018, at around 13:00, the Defendant driven an E SP car without obtaining a driver's license in a section of about 300 meters from the parking lot B in Gangwon-do to the D administrative road in front of the Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Previous convictions in judgment: The application of criminal records and investigation reports (verification of facts during the period of probation) and statutes;

1. Relevant Article of the facts constituting the crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that selects the punishment, and reasons for sentencing selective to imprisonment;

1. The scope of punishment by law: Imprisonment for one month to one year;

2. Scope of recommending types: Setting of unspecified sentencing criteria.

3. The Defendant, who was sentenced on May 15, 2018, was sentenced to a suspended sentence of two years for one year due to a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free Driver’s License) on the grounds that the said judgment became final and conclusive on May 23, 2018, and committed the instant non-licensed driving at the same time when four months have not elapsed since the date of the said judgment.

In 200, the defendant has been punished twice by a fine due to a violation of the Road Traffic Act (driving) in 200, and once by a fine due to the same crime in 2017.

In light of the criminal records of these defendants, distance from their previous criminal records, etc., the sentence of sentence is inevitable for the defendants.

However, the fact that the defendant is recognized to commit a crime and reflects the form of punishment shall be considered in determining the term of punishment. In addition, the defendant's age, character and conduct, family relationship, motive and means of a crime, and circumstances shown in the records and arguments of this case, such as circumstances after the crime, shall be determined as ordered by the court.

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