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(영문) 수원지방법원 성남지원 2016.09.29 2016고단1899
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On July 15, 2015, the Defendant was sentenced to four months of imprisonment with prison labor due to injury, etc. at the Sungnam support center, and completed the execution of the sentence at the Sungdong detention center on September 26, 2015. On July 22, 2016, the Defendant was sentenced to six months of imprisonment with prison labor due to a violation of road traffic law at the Jungdong District Court, and the judgment became final and conclusive on July 30, 2016.

[2016 Highest 1899] On June 10, 2016, the Defendant driven a vehicle of about 3 km from the Chang-dong of the 11:20 lower-speed to the 11:3km of the same city from the Chang-dong of the 11:20 lower-class to the 3km-dong of the same city.

[2016 고단 2217] 피고인은 2016. 7. 21. 16:20 경 자동차 운전면허를 받지 아니하고 성남시 수정구 제일로 101에 있는 샛별 오피스텔 앞 도로에서부터 같은 날 16:30 경 성남시 수정구 성남대로 133에 있는 경원 프 라자 앞 도로에 이르기까지 약 3km 의 구간에서 C 싼 타 페 승용차를 운전하였다.

Summary of Evidence

[2016 Highest 1899]

1. Statement by the defendant in court;

1. A driver's license inquiry letter (2016 altitude 2217);

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (A), confirmation of the attachment of previous convictions, date of completion of sentence execution, relevant case rulings, details of confinement of suspects, and other relevant Acts and subordinate statutes);

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The sentencing conditions specified in the trial process of the instant case, including the Defendant’s age, sexual intercourse, family relationship, family environment, motive and means of the crime, and circumstances after the crime, are comprehensively taken into account for the reasons for sentencing under the former part of Article 37, Article 38 subparag. 1 subparag. 2, and Article 50 of the Aggravated Punishment of Concurrent Crimes.

The term "unlicensed circumstances" is a repeated crime, and the driverless driving is done even before the sentence of the violation of the Road Traffic Act in the judgment.

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