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(영문) 청주지방법원 제천지원 2015.01.22 2014고단489
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 12, 2013, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act (Refusal of measurement) in the Cheongju District Court Support on September 12, 2013, and was released on March 28, 2014 during the execution of the sentence and the parole period expired on May 11, 2014.

On September 2, 2014, at around 15:45, the Defendant, without a driver’s license, driven C-blobing cargo vehicles at approximately 7 km from the front of the original floor village of the city of Songcheon-si to the front of the same Masan-dong, a Masan-dong, in the same Masan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Inquiry reports, investigation reports (reports attached to judgments, etc.), written judgments and summary orders, 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 reason for sentencing Article 35 of the Criminal Act, among repeated offenders, has the record of being punished five times due to drinking alcohol, driving without obtaining a license or refusing to measure drinking, and among them, even though the previous offense of suspension of execution was two times, and the previous offense of suspension of sentence was one, it is very high that the Defendant committed the same crime during the period of repeated offense due to refusal to measure drinking.

Furthermore, in light of the fact that the defendant committed the crime of this case since six months have not passed since he/she was released on parole while sentenced to a refusal of drinking alcohol measurement and was sentenced to a punishment, the sentence shall be imposed on the defendant.

However, the court shall take into account the favorable circumstances in which the defendant is led to confession and reflect, and shall determine the punishment as per the order in consideration of all the sentencing conditions such as family relations of the defendant.

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