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(영문) 수원지방법원 평택지원 2018.05.04 2017고단2150
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On April 23, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of road traffic law (unlicensed driving) at the Suwon District Court on the grounds of a violation of road traffic law, etc. On February 4, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for the same crime, etc. in the same court on May 5, 2016, and the judgment became final and conclusive on May 5, 2016, and the said judgment became void. On January 26, 2017, the Defendant was released from the Suwon District Court on parole on March 22, 2017 and the parole period expired.

[2] On October 27, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle on October 27, 2017, driven a C-cracking motor vehicle at approximately 500 meters away from the road front of “di” in accordance with the inner and external dancing of the two sides of the U.S. and the same side.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous records: References to inquiries, investigation reports (Attachment of the same military records of the suspect), application of Acts and subordinate statutes on the personal confinement status;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Circumstances favorable to the reasons for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes: The punishment of imprisonment, suspension of the execution of imprisonment, and fines several times due to the crime of drunk driving and the crime of unlicensed driving; the defendant committed the principal crime within the period of repeated crime, such as the crime of violating the Road Traffic Act (unlicensed driving) as stated in the judgment of the court; and the sentence is to be rendered on the grounds that the defendant's age, family relation, circumstances leading to the crime, etc. for not less than six months.

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