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(영문) 의정부지방법원 고양지원 2017.08.10 2017고단1679
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant without a driver’s license,

1. On February 23, 2016, drive B-low automobiles on the roads front of the shooting distance at the entrance of a high salary-class located in Jungsan-dong, Jungsan-dong at the ancient city around 17:07;

2. On May 5, 2016, a person driving the said car on the front of the apartment house located in the Dongdong-gu, Seo-gu, Busan Metropolitan City at the time of ancient cities around 06:39;

3. On May 25, 2016, a driver shall drive the said car on the front of the Kintex Dog-dong, Seo-gu, Seoyang-gu, Seoyangyang-gu, Seoyang-do;

4. On March 6, 2017, driving the said car on the front road of the apartment unit in front of the Egyptian member of the Egyptian Egympi, Eup/Myeon, Pari-si, Pari-si, Pa

5. On March 7, 2017, a driver shall drive the said passenger car on the front of a shooting distance at the entrance of the middle-gu, Jungsan-dong, Busan-gu, Jungsan-do at a high altitude around March 7, 2017;

6. On April 28, 2017, driving the said passenger car on the road along the intersection of the Gongsung church located in Seo-gu, Seo-gu, Busan at the time of the ancient city around 17:43,

7. On May 6, 2017, the pertinent car was driven from May 10:48, 201 to the front road of the shop located in the Geumju-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger of driver's licenses, tea inquiry, request for investigation cooperation, application of answer statutes;

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense;

1. The reasons for sentencing under 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 have the record of being punished five times as a fine for a violation of Road Traffic Act (unlicensed driving).

Nevertheless, 10 times during the period of probation (7 times before the crime of this case and 3 times) was driving without the license.

In light of the repetition of the punishment, it is difficult to expect the effect of the punishment of the fine.

Provided, That it shall be considered that the accused is against and driving.

In addition, all of the sentencing conditions identified in the records of this case and the trial process, such as the age, sex, environment, and motive and circumstances of the crime, shall be taken into consideration as ordered.

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