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(영문) 수원지방법원 여주지원 2018.08.10 2017고단1305
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2017 Highest 1305] On September 30, 2017, the Defendant driven a B earth and car without obtaining a driver’s license from the section of about 8 km in the middle of the 190km-ro, e.g., the Gocheon-si, Lee-si to the monthly transmission intersection located in the 190km-ro.

[2017 Highest 1570] On September 12, 2017, the Defendant driven a F Poter vehicle at approximately 20 km section from the front of the E Poter C Housing in Chungcheongnam-gun, Chungcheongnam-si to the front road of the E Poter located in Tonju City, from around 10:00 to around 20 km.

Summary of Evidence

1. The defendant's legal statement [2017 Height 1305];

1. The criminal place;

1. Report on the circumstances of driving without a license;

1. Registers of driver's licenses (2017 Height 1570);

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Reports on internal investigation (Attachment to ctvs for use by air and photographs in transit of vehicles);

1. Application of internal investigation reports (Attachment of Defendant’s driver’s license details - No license) statutes;

1. Article 152 (1) and Article 43 of the Road Traffic Act, the selection of imprisonment for a crime under the relevant provision of the Act;

1. The rationale for sentencing under Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes shall be considered in light of the circumstances unfavorable to the defendant, such as: (a) the fact that the defendant was committed with respect to his/her criminal act; (b) the fact that he/she had been already punished twice due to driving without a license; and (c) the fact that he/she is under probation.

In this regard, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, and period of detention, shall be comprehensively considered.

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