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(영문) 수원지방법원 2017.03.28 2016고단6839
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 21, 2015, the Defendant was sentenced to 8 months of imprisonment or 2 years of suspended execution due to a violation of the Road Traffic Act (unlicensed Driving) by the Suwon Friwon on January 21, 2015, and the judgment became final and conclusive on the 29th of the same month, and the Defendant was also punished four times of a violation of the Road Traffic Act (unlicensed Driving).

On November 2, 2016, the Defendant, without a driver's license of a motor vehicle around 22:40, driven a DSS5 motor vehicle from the front of the apartment complex of the Suwon-si, Young-gu, Young-gu, Young-gu, Dong-dong, and the front road of the same network to about 200 meters from the front of the apartment complex of the same network.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of Acts and subordinate statutes, such as a written reply to inquiries about evidence of criminal history, a criminal investigation report (the text of the judgment and a copy of the summary order), a sentence, etc., and a criminal investigation report (the confirmation date of the case

1. The sentencing of Articles 152 subparag. 1 and 43 (Selection of Imprisonment) of the Road Traffic Act regarding criminal facts is based on a comprehensive consideration of the following factors as well as the defendant’s age, family relation, sexual conduct, environment, motive and circumstance of the crime, means and method of the crime, and the circumstances after the crime, etc., as stated in the records, shall be determined as ordered.

[The favorable circumstances] The defendant's confession of the crime of this case and recognized his mistake, the defendant disposed of the DSS5 car, and the defendant's children wanted to leave the ship, and it seems that the social relationship of the defendant is relatively clear.

(1) [Unfavorable circumstances] The instant crime was committed by the Defendant, who was subject to criminal punishment twice for the same type of crime [g times of a fine due to the violation of the Road Traffic Act, the violation of the Road Traffic Act, the violation of the Road Traffic Act (unlicensed driving), etc.], but the vehicle is driving without obtaining a driver's license for the vehicle and is not very good in the nature of the crime. In particular, the Defendant committed a violation of the Road Traffic Act (driving) on January 21, 2015, and a violation of the Road Traffic Act (unlicensed driving).

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