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(영문) 수원지방법원 안산지원 2016.06.14 2016고단1054
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 18, 2014, the Defendant was sentenced to eight months of imprisonment for a violation of road traffic law (drinking driving) at the Suwon Friwon method, and was provisionally released on July 30, 2015 during the execution of the sentence at the astronomical Open Prison, and the parole period passed on October 14, 2015.

Criminal facts

On March 21, 2016, around 14:32, 2016, the Defendant driven a B rocketing car at a section of about 2 km from the 1stm to the front road of the Incheon Gyeyang-gu Incheon Highway Incheon Incheon Airport located on the road, which is located in the Dong-gu Incheon-si, Incheon-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 in judgment: Application of a reply to inquiry, such as criminal history, and report on investigation (report on confirmation after the expiration of the term of punishment);

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. In full view of the following circumstances under Article 35 of the Criminal Act for aggravated repeated crimes, and other conditions of all the sentencing indicated in the records, such as the Defendant’s age, occupation, sex, environment, and circumstances before and after the instant crime, the sentence identical to the order shall be determined.

Many kinds of criminal records are as follows: Defendant has been punished three times due to driving without a license (including one time in the case of concurrent crimes with driving under drinking), one sentence due to driving under drinking, one suspended sentence, two times of fines (excluding one time of concurrent crimes), and four times of fines for other crimes.

Although the defendant had such multiple criminal records, he was sentenced to suspended sentence for a crime of violation of the Road Traffic Act (drinking driving) in around 2012, the defendant committed another crime of violation of the Road Traffic Act (drinking driving) during the suspended sentence, and was sentenced to a minor sentence in 2014. The defendant committed the crime of this case as well as the crime of this case in half of the period of parole, even though he was sentenced to parole during the prison term of the above sentence.

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