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(영문) 수원지방법원 2012.10.31 2012고단3786
도로교통법위반(무면허운전)
Text

The punishment of the accused shall be eight months by imprisonment.

Reasons

Punishment of the crime

On November 11, 2010, the Defendant was sentenced to six months of imprisonment at the Gwangju District Court for a violation of the Road Traffic Act (unlicensed Driving) and completed the execution of the sentence on April 18, 201.

On June 2, 2012, at around 07:53, the Defendant, without a car driver’s license, driven a 1km B5 tons portrait truck with 1km up to the 1stalle B5 tons of 1km up to the flamerg apartment, located in the same Dong on the flameral road which is located in the same roof.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A copy of each written statement D and E (a copy);

1. A copy of the register of driver's licenses, chassis, and estimate;

1. Each photograph;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of the judgment attached thereto, and confirmation of the date of release of the suspect);

1. Relevant Acts concerning facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act which choose a penalty. Article 152 (Selection of Imprisonment);

1. In light of the fact that a repeated offender was punished as stated in the first head of sentencing of Article 35 of the Criminal Act, and committed a crime without being aware of the period of repeated crime, and that there were several records of punishment for the same kind of crime outside the above previous convictions, it is inevitable to sentence the Defendant to be sentenced.

However, it shall be determined as the order in consideration of all the circumstances, such as the defendant's age, environment, occupation, family relationship, etc., including the fact that the defendant commits a mistake.

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