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(영문) 수원지방법원 2017.07.04 2017고단2847
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

On April 22, 2017, the Defendant, without obtaining a driver’s license, driven a vehicle of approximately KRW 3.10,000,000 from the 30-5-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri 115 to the 1115-ri-ri-ri-ri-ri-ri-

Summary of Evidence

1. Statement by the defendant in court;

1. Application of all the Acts and subordinate statutes to computerized output, such as the ledger of driver's licenses;

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 defendant disposed of the vehicle operated by the defendant.

The defendant has no previous convictions of imprisonment.

The defendant seems to have been living in North Korea in around 2004 and have economic difficulties.

Circumstances unfavorable to the defendant are as follows:

In 2015, the defendant was sentenced to 8 months of imprisonment with prison labor due to driving under the influence of alcohol and was sentenced to 2 years of suspended sentence, and committed the crime of this case during the suspended sentence period.

The defendant committed the crime of this case again even though he was sentenced to a fine twice due to driving without a license during the period of the above suspension of execution.

In 2015, there is a history of criminal punishment for violation of traffic laws and regulations such as punishment of a fine of two million won due to driving of light alcohol, punishment of a suspension of the execution of six months of imprisonment due to driving of light alcohol in 2010, and punishment of a suspension of the execution of two years.

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, the sentence is inevitable, and thus, the sentence is to be determined as per Disposition.

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