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(영문) 수원지방법원 안양지원 2014.11.20 2014고단1447
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 22, 2011, the defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act in the Daejeon District Court on December 22, 201 and the judgment became final and conclusive on December 30, 2011.

On August 13, 2014, the Defendant, without obtaining a driver's license on August 11, 201:05, driven a c-car on the front road of the Kupo-si parking lot located in the Sipo-si, Sipo-si, Sipo-si, 747, Gopo-si, Sipo-si, Sipo-si (Upo-dong).

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Previous convictions: Criminal records and investigation reports (a copy of the same criminal records and a summary order attached) are subject to probation for three years as the defendant was convicted of a crime without a license, etc., such as criminal records, criminal records, criminal investigation reports (a copy of the same criminal records and a summary order), and criminal records are subject to probation for three years. The defendant committed the crime without a license even if he/she committed the crime without a license through three times in 2012 and 2013, and was punished by a fine, and thus, he/she again committed the crime without a license. Since such crime needs to be punished strictly due to very poor character, he/she shall be sentenced to imprisonment

However, considering the favorable circumstances, such as the fact that the defendant is led to the crime, and the fact that the defendant seems to have a family supporting the defendant, the punishment as ordered shall be determined by comprehensively taking account of various circumstances, including the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions of sentencing as shown in the arguments and records, based on the prosecutor’s old sentence and the like sentence.

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