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(영문) 수원지방법원 평택지원 2017.08.09 2017고단753
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of six months as of September 22, 2016 to imprisonment with prison labor for a violation of road traffic law at the Suwon District Court on September 2, 2016, and the judgment became final and conclusive on September 30, 2016, and is currently under suspended sentence.

[Criminal facts] On March 12, 2017, the Defendant operated a vehicle of approximately 400 meters at the front of the Hanbol Dog-ro 1803 square meters of the common site in front of the Hanbol Dog-ro 1803, where the Defendant was operating a vehicle of CKaren without obtaining a driver’s license on March 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions: Inquiry into criminal history and the application of Acts and subordinate statutes concerning investigation reports (prior convictions and judgment of suspension of drinking driving);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. The reason for sentencing of selective punishment of imprisonment is that the defendant recognized the instant crime and reflects on the recognition of the instant crime, and that the defendant did not repeat the crime while disposing of the vehicle driven by the defendant, etc., are favorable to the defendant, or that the defendant has been subject to criminal punishment several times due to driving without a license (five times a punishment, five times a suspended sentence, one time a suspended sentence). In addition, in light of the fact that the defendant was not familiar with the period of suspended execution due to a violation of traffic laws (driving driving), it is reasonable to sentence the defendant to the instant crime

In addition, the punishment as ordered shall be determined in consideration of the various circumstances shown in the records, such as the motive for the crime of this case, the age of the defendant, sex, family environment, etc.

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