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(영문) 의정부지방법원 2017.11.10 2017고단1507
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 25, 2017, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the District Court of Jung-gu on September 13, 2017, and the judgment became final and conclusive.

On January 15, 2017, at around 14:19, the Defendant, without a driver’s license, moved from the Ginsung Ginseng Association parking lot located in the Ginsung-dong, Yancheon-si, Yancheon-si, Yancheon-si, the Defendant driven a car by driving the car volume from a section of about 100 meters, which is owned by the Defendant’s mother, from a section of approximately 100 meters to the front side of the

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning previous convictions after Article 37 of the Criminal Act;

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 selected as a penalty.

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: Provided, That the reason for sentencing Article 39(1) has the record of eight times punishment for traffic crimes, such as drinking, driving without a license, etc.

On June 17, 2016, the Defendant was sentenced to a suspended sentence of two years in August, 2016, on the grounds of a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a violation of the Road Traffic Act, and a violation of the Road Traffic Act (non-licenseed driving). The judgment on June 25, 2016 became final and conclusive.

In this regard, the defendant was driving a non-license during the period of the above probation, and was sentenced to a fine of three million won on January 12, 2017, but the judgment of the court below was reversed and the defendant was sentenced to imprisonment for four months in the appellate court of the above judgment of the court of first instance (Libu District Court 2017No. 290) and the judgment became final and conclusive.

In addition, in the absence of any reflective nature, the pertinent unlicensed driver was driving without the license.

As such, the defendant who did not intend to comply with the law is bound to bear strict responsibilities.

The defendant delayed the pronouncement while having been absent from the trial of this case and also considered the disadvantageous circumstances to the defendant.

In these circumstances, the age, sex, family relationship and other arguments of the defendant are shown.

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