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(영문) 의정부지방법원 2019.06.19 2019고단871
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

On May 2, 2016, the Defendant had been sentenced to eight months of imprisonment for an attempted fraud at the District Court for the crime of fraud, and completed the execution of the sentence on November 3, 2016.

Punishment of the crime

On October 17, 2018, the Defendant driven C 300C Motor Vehicles without obtaining a driver's license on the front road B at the time of the Government around 16:00.

Summary of Evidence

1. Defendant's legal statement;

1. The ledger of driver's licenses;

1. The actual condition survey report;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, and application of statutes governing judgment;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment for a crime;

1. A prosecutor of repeated crime does not state the criminal facts of the defendant and Article 35 of the Criminal Act in the indictment, but the criminal facts of the defendant who is the cause of repeated crime do not constitute criminal facts and merely constitute the reason for sentencing. Even if the indictment does not contain any applicable provisions as to repeated crime, the court may ex officio punish the defendant as a repeated crime (see, e.g., Supreme Court Decisions 71Do2004, Dec. 21, 1971; 2006Do3194, Jul. 27, 2006; 2017Do2604, Apr. 26, 2017); and recognition without modification of the indictment.

Article 35 of the Criminal Act: Reasons for Sentencing

1. The scope of punishment by law: Imprisonment for one month to two years;

2. Setting the sentencing criteria not;

3. Although the Defendant had been sentenced to eight months of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, a violation of the Road Traffic Act, etc. on the Aggravated Punishment, etc. of Specific Crimes (Free License) and a violation of the Road Traffic Act, the Defendant was punished as a violation of the Road Traffic Act (Free License) around 2002, around 207, around 2007, around 2007, and around September 2, 2008, respectively.

On May 2, 2008, the Defendant was sentenced to four months of imprisonment due to a violation of the Road Traffic Act (Free Driver’s License) and was subject to revocation of a driver’s license on March 30, 201 (investigative Record 61 pages), and then around January 201.

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