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(영문) 전주지방법원 2015.07.14 2015고단617
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Power] On November 9, 201, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act at the Jeonju District Court on January 16, 201, and the judgment became final and conclusive on January 16, 2012, and completed the execution of the sentence in the Jeonju Prison on March 8, 2012.

【Criminal Facts】

On January 9, 2015, at around 22:05, the Defendant driven a Cdisber vehicle without a driver’s license from around approximately 100 meters from the 100-meter section of the coffee shop to the front road of the Jeonbuk-do in the same Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the arrest of a suspect in violation of the Road Traffic Act;

1. Registers of driver's licenses, and car4;

1. Previous records: Criminal records and other inquiries, investigation reports (Attachment to judgments of the same kind of suspect - confirmation of repeated crimes), copies of rulings, and application of Acts and subordinate statutes to the status of personal identification and confinement;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. The Defendant, along with his previous conviction in Article 35 of the Criminal Act, has been punished for the same kind of crime, such as drinking and driving without a license, multiple times, and his previous convictions since 2001 and includes one time of suspended sentence and one time of suspended sentence.

In addition, it has been several times including five criminal records and five criminal records of suspension of execution, which have been punished for other crimes.

In addition, the defendant committed the crime of violation of the Road Traffic Act (Refusal of measurement) during the period of repeated crime due to previous convictions in the judgment, and committed the crime of this case during the period of repeated crime even though he received a summary order of KRW 5 million from the Jeonju District Court on April 8, 2014, the defendant committed the crime of this case during the period of repeated crime.

Therefore, it is inevitable to sentence a sentence to the defendant even in consideration of the circumstances in which the defendant appeals, such as the defendant's misunderstanding and again disregarding such a crime.

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