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(영문) 의정부지방법원 2018.01.31 2017고단4495
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 18, 2014, the Defendant was sentenced to a suspended sentence of three years in one year and six months, and was sentenced to a suspended sentence of three years in one year and six months at the Jung-gu District Court on September 18, 201.

On September 23, 2017, the Defendant driven a small range of 500 meters from the first day of the Japanese hot spring spring, which was located in the Han-dong, Seocheon-si, Ilcheon-si, Seocheon-do, to the front day of the revenues of the same side, without the driver’s license, at approximately 500 meters from the front day of the revenues of the same side to the front day of the revenues of the same 1st village.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The written statement of the defendant;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. As the judgment of the reasons for sentencing of Article 62-2 of the Criminal Act, the defendant has been subject to criminal punishment for driving without a license so far, and the defendant has been subject to punishment for driving without a license, together with the same, due to drinking. In addition, the suspension of execution as well as the suspension of execution of sentence has been imposed.

Nevertheless, it is necessary to impose strict punishment on the driverless driving of this case which has been cut off again.

However, at least two years before and after the ruling, the defendant has been punished for such acts, and he/she has been tried again, and his/her behavior has been divided.

In addition, the punishment as ordered shall be determined in consideration of the age, sex, environment, attitude after the crime, etc. of the defendant.

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