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(영문) 창원지방법원 통영지원 2018.01.30 2017고단1900
도로교통법위반(무면허운전)
Text

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

Reasons

Punishment of the crime

On May 27, 2015, the Defendant was sentenced to imprisonment with labor for a violation of road traffic law (unlicensed driving) at the Changwon District Court’s branch on May 27, 2015, and completed the execution of the sentence at the Gyeongwon vocational training prison on January 3, 2017.

Criminal facts

On October 13, 2017, the Defendant driven a car with C Coin without obtaining a driver's license from around 2 km section from the front side of the 3rd-dong, Pyeongtaek-dong, Pyeongtaek-dong, Kim Jong-dong, to the front side of the 3rd-dong bus terminal.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of driving without a license, the driver’s license ledger, and making an inquiry into the vehicle register;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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. Article 35 of the Criminal Act of aggravated repeated crimes provides that the defendant has repeated criminal records of drinking and driving without a license, and that the defendant again commits the same crime during the repeated crime due to driving without a license for the same kind of license, no sentence of sentence may be imposed (the defendant, failing to comply with the examination procedure for issuing a warrant of detention, has been issued at the end of compulsory appearance by a police officer, and thus, he/she was released on bail at the time of compulsory appearance by a police officer, but he/she has failed to pay bail money: Provided, That the defendant shall be placed in a short-term imprisonment with prison labor as ordered by taking into account his/her criminal records, the attitude of the crime, current occupation and family relationship, etc.

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