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(영문) 춘천지방법원 2018.03.28 2018고단39
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 21, 2016, the Defendant was sentenced to one year to imprisonment for a violation of road traffic laws (drinking driving) at the Chuncheon District Court on April 21, 2016, and the Defendant completed the execution of the sentence in the third intersection of the North Korean Dos on March 8, 2017.

On December 31, 2017, the Defendant driven a cargo vehicle C without a driver’s license in a section of about 50 km from the front of the Defendant’s house located in the Gangwon-si Group B of Gangwon-do, to the front road of the 174 x-si ex-ray of X-si from the front of the Defendant’s house located in the Gangwon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of driving without a license, the driver’s license ledger, and making an inquiry into the vehicle register;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings), personal confinement status, and application of each Act and subordinate statute of judgment;

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 Article 35 of the Criminal Act for aggravated repeated crimes is that the Defendant violated the Road Traffic Act (driving) which is a crime similar to the instant crime, which is similar to the instant crime, in 202, 2004, 2008, 2008, 2004, 2008, 2010, 2010, 2011, 2011, 2013, and 2016, and 10 times, 2016, with the records of criminal punishment (10 times in total) under the Road Traffic Act, which were sentenced to imprisonment, and the Defendant again committed the instant crime during the period of repeated crime. However, the Defendant seems to have been sentenced to imprisonment with prison labor for the Defendant, considering the fact that he again committed the instant crime during the period of repeated crime.

However, the fact that the defendant seems to have recognized and reflected the crime of this case, and the crime of this case is committed in a simplelessless driving, etc., considered as an element of sentencing favorable to the defendant, and all other conditions of sentencing specified in the arguments of this case, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime.

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