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(영문) 의정부지방법원 2016.10.28 2016고단2477
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On March 8, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Jung-gu District Court on February 26, 2013. On June 23, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Road Traffic Act, and the judgment became final and conclusive on August 31, 2016.

On February 22, 2016, at around 11:00, the Defendant driven a C-II cargo vehicle without obtaining a driver's license from approximately 300 meters away from the front side of the arm's length in the Simp Gyeong-gu, Gyeonggi-gu, Gyeonggi-do, to the front side of the 668 Emburgian Maurg, to the 668 Emburgian Maur.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of a suspect in violation of the Road Traffic Act;

1. Registers of driver's licenses;

1. Previous records: The results of inquiry, each investigation report (Attachment to the same type of judgment, etc., the attachment to the other type of judgment, etc., the relevant case judgment, etc.), the current status of personal confinement, final judgment, and detailed inquiry into the case (2016No1724)

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The crime of this case on the grounds of sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act for concurrent crimes is committed before the judgment of June 23, 2016 becomes final and conclusive, but the defendant's continued to drive without a license even after being punished for a repeated crime due to a violation of the Road Traffic Act (driving) is not very good, and the previous criminal records are very poor.

The above various circumstances and the defendant's age, character and conduct, environment, circumstances and result of the crime, etc. shall be determined as ordered by taking into account the following circumstances.

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