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(영문) 청주지방법원 충주지원 2017.02.17 2016고단849
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2016 Highest 849]

1. On October 20, 2016, around 16:22, the Defendant driven B truck without a driver’s license, which was effective in the section of approximately 30km in the direction of the vehicle in the direction of the 30km in the vicinity of the GIC in the field of Gyeonggi-si to the GIC, in the event of Gyeonggi-si in an anti-graculation.

[2016 Highest 940]

2. On November 16, 2016, at around 14:45, the Defendant driven a dump truck without a driver’s license, which was effective at approximately 100 meters away from the vicinity of the Pyeongtaek church in the same gender and located in the same gender of the same sex.

Summary of Evidence

[2016 Highest 849]

1. Statement by the defendant in court;

1. Inquiries into the ledger of driver's licenses (2016 order 940);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Traffic Act that choose a penalty.

1. In light of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: The Defendant, even though he/she had had a total of five times of punishment, including two times of suspended sentence, once a total of five times of suspended sentence for driving without a license, once a month thereafter driving without a license.

In light of the above criminal history, crime interval, etc., the defendant's liability is heavy and the risk of recidivism is high. Therefore, the sentence of a sentence is inevitable.

favorable circumstances: The defendant recognizes the crime of this case.

The punishment as ordered shall be determined in consideration of the above circumstances and the defendant's age, sex, environment, background, means and consequence of the crime, and the circumstances after the crime.

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