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(영문) 춘천지방법원 강릉지원 2017.04.19 2017고단213
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[Majority Offense] On July 21, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic law at the Gangnam Branch of the Chuncheon District Court for the crime of violating road traffic law, etc. On January 16, 2017, the Defendant completed the execution of the sentence at the Gangnam Prison.

[2] On February 5, 2017, the Defendant, without a vehicle driver’s license on February 5, 2017, driven a vehicle with gallon from the front of the D cafeteria located in Gangseo-si, to the parking lot of the 377 Gangnam Police Station from approximately 2km to the 377 Gangnam Police Station.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice to the department related to the reported case, next inquiry, and each judgment; and

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, the current status of personal confinement, investigation report (the period of repeated crime and confirmation of the same record, etc.);

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. It is inevitable to sentence an aggravated repeated crime in light of Article 35 of the Criminal Act: The frequency and contents of the defendant's same military force as the defendant for the reason of sentencing; and the recidivism during the period of repeated crime;

However, the defendant's punishment shall be determined in the same manner as the defendant's order, taking into account the reflection of the situation of the operation of the case, the family environment of the defendant.

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