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(영문) 수원지방법원 성남지원 2016.09.09 2016고단1726
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 20, 2015, the Defendant was sentenced to ten months of imprisonment due to a violation of road traffic law in support of Sungnam-gu, the method of water sources, etc. on August 20, 2015, and the sentence became final and conclusive on January 25, 2016, and completed the execution of the sentence in a female correctional institution on March 3, 2016.

On May 27, 2016, the Defendant driven a B rocketing car owned by the Defendant without the driver’s license from around 1 1 km section from the front of the Taepyeong-dong, Mapyeong-gu, Mapyeong-dong, Mapyeong-gu, Mapyeong-dong, to the front of the 200 Kiwon-gu, Jungwon-gu, Seoul, to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions: Inquiry about criminal history, current status of personal confinement, and application of each copy of a judgment;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (Selection of Imprisonment) of the Act on the Punishment of Criminal Crimes has many records of criminal punishment of the same kind to the defendant for the reason of sentencing under Article 35 of the Act on the Punishment of Cumulative Offense. In particular, even though a person was sentenced to imprisonment with prison labor for the same kind of crime as before the judgment and the execution thereof has been completed, he/she was sentenced to a fine by driving without a license again for the same month.

Nevertheless, the Defendant has been driving without the license of this case, and the responsibility for the crime is heavy.

In addition, in light of the criminal records that have been repeated by the defendant, the defendant seems to repeat the crime without a license, and thus is highly likely to repeat the crime.

However, considering the favorable circumstances in which the defendant has recognized his/her mistake and against himself/herself, the punishment as ordered shall be determined by taking into account all kinds of sentencing conditions, such as the defendant's age, sex behavior, environment, motive, background, means and consequence of the crime, and the circumstances after the crime.

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