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(영문) 창원지방법원 거창지원 2018.06.01 2017고단206
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On November 26, 2015, the Defendant was sentenced to ten months of imprisonment for a violation of road traffic law (unlicensed driving) at the Changwon District Court on November 26, 2015, and completed the execution of the sentence at the Changwon Prison on April 14, 2016.

[Criminal facts] On June 8, 2017, at around 16:30, the Defendant driven the Cone Star Co., Ltd. without obtaining a driver’s license from around 14km to the road adjacent to the Cheongcheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, the front road of the Defendant’s residential area located in Gyeongnam-gun B.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license and report on the arrest of the case;

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history, report on investigation (Attachment of judgment, etc.) and application of Acts and subordinate statutes on personal confinement;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant committed the same crime during the period of repeated crimes, and that the defendant was aware of the crime, such as the fact that the defendant committed the same crime during the period of repeated crimes and escaped before the sentencing date, and that the crime of this case is limited to driving without a license, and that there was no secondary damage due to the driving of the defendant, etc., the punishment as ordered shall be determined by taking into account the circumstances favorable to the defendant, and other sentencing data set forth in records and changes.

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