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(영문) 춘천지방법원 2017.06.13 2017고단340
도로교통법위반(무면허운전)
Text

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

Reasons

Punishment of the crime

[criminal history] On December 10, 2015, the Defendant was sentenced to six months of imprisonment for a violation of road traffic law (unlicensed driving) at the Chuncheon District Court, and completed the execution of the sentence on April 28, 2016 in the Chuncheon Prison.

[Criminal facts] On March 17, 2017, the Defendant driven a C observer car within a three-meter radius from the front side of the Dongcheon-si bus terminal in Chuncheon-si without obtaining a driver’s license on March 17, 2017 to the front side of the Sincheon-si bus terminal in Chuncheon-si.

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: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (the confirmation of the date on which the suspect was released);

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 under Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant led to the crime of this case; the defendant scrapped the vehicle after the crime of this case; the defendant has a delay disorder; the father of the defendant appeals against the defendant; the defendant, despite the fact that the defendant had been sentenced several times due to driving without a license and has been sentenced to a penalty and a fine on several occasions due to the same crime, he/she is driving without a license; therefore, the defendant seems to be inevitable to be sentenced to punishment; and the defendant is obliged to drive without a license; the defendant is obliged to be sentenced to punishment by taking into account all other circumstances, such as the defendant's age, sex behavior, environment, motive and background of the crime, and circumstances after the crime, etc., which are the conditions for sentencing as shown in the argument of this case.

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