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(영문) 수원지방법원 2017.10.17 2017고단5197
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On July 29, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle from around 19:10, driving a motor vehicle at approximately 40 km from the front of the new Samsung Apartment apartment to the front of the first road of the tong-si, Gho-si, Gosi-si, Gosi-si, for about one way at the request of the Seoul Jung-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the detailed legislation on driver's license;

1. Circumstances favorable to the defendant for the reasons for sentencing of punishment of imprisonment, as follows, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding the relevant criminal facts, Articles 152 Subparag. 1 and 43 of the Road Traffic Act, and Articles

The defendant is deeply divided into and reflected in the crime of this case.

The instant crime did not cause any personal and material damage.

The defendant has no previous convictions of imprisonment.

It is clear that the social relationship of the defendant is clearly and the family, including children, should be supported.

Circumstances unfavorable to the defendant are as follows:

In 2015, the defendant was sentenced to a fine of KRW 8 million due to drinking or driving without a license, and a fine of KRW 2 million due to driving without a license in 2015.

In particular, the Defendant was sentenced to imprisonment for six months with prison labor due to drinking and non-licensed driving in 2016, and was sentenced to two years of suspended sentence, and again committed the instant crime during the suspended sentence period.

Defendant has been punished by a fine for driving around 2008, around 2009, and around 2013, respectively.

There is no special circumstance that the defendant must drive without fail.

In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the sentence is inevitable and the sentence is determined as ordered.

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