(영문) 의정부지방법원 2018.06.26 2018고단789

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Reasons

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자간(%)

(영문) 의정부지방법원 2018.06.26 2018고단789

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four 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 laws (unlicensed driving) at the Chuncheon District Court, and completed the execution of the sentence at Chuncheon Prison on April 28, 2016. On June 13, 2017, the Defendant was sentenced to two months of imprisonment for the same crime and completed the execution of the sentence at the same prison on August 10, 2017.

[2] On March 2, 2018, around 10:00, the Defendant driven a C car free of the driver’s license for a vehicle with approximately KRW 1745 km from the front side of the Simnm of the Simnm of the Simnmnm of the Simnmnm-gun to the front side of the 1496-7 Donnm of the Donmnm-gun of the Simnmn-gu, Simnmn-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on driving without a license, the driver's license ledger, the driver's license ledger, the next inquiry, etc.;

1. A previous conviction: Application of a reply to inquiry, such as criminal history, and an investigation report (verification of the fact that the period of repeated offense is in progress);

1. Selection of punishment for a crime under subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, or selection of imprisonment with prison labor;

1. The reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes are as follows: (a) the Defendant has reached 15 times before and after driving without a license; (b) the Defendant has committed a repeated driving of the instant non-license during the period of a repeated crime due to the same crime; and (c) the process of detection (the Defendant was exposed to non-license in the course of regulating traffic laws and regulations at the time of driving of the instant case).

However, the punishment shall be determined in consideration of the fact that the defendant is a physically disabled person and reflect.

참조조문

-형법 제35조

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