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(영문) 광주지방법원 해남지원 2018.04.12 2018고단58
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On January 14, 2016, the Defendant was sentenced to the suspension of the execution of four months for a crime of violating the Road Traffic Act (non-licenseless Driving) in the Gwangju District Court's Branch on January 14, 2016, and the judgment became final and conclusive on October 12, 2016, and is currently under suspension of execution. On January 25, 2018, the Defendant was sentenced to four months of imprisonment for a crime of violating the Road Traffic Act (non-licenseless Driving) at the Southern Branch of the Gwangju District Court's Southern Branch on March 9, 2018.

[Criminal facts] On January 17, 2018, the Defendant driven Doma 2 truck without obtaining a driver’s license from a distance of about 12 km to the front road of the said Defendant’s house located in the Southern-gun, Nam-gu, Seoul-do, through a road located in the front of the Defendant’s house located in the Republic of Korea at around 09:30 on January 17, 2018 to the front of the said Defendant’s house.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of a traffic accident and a written statement on the occurrence thereof;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports, written judgments, and application of summary order statutes;

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 latter part of Article 37 of the Criminal Act to deal with concurrent crimes: (a) the reason for sentencing in the first sentence of Article 39(1) has a record of having been punished several times as a crime of violating the Road Traffic Act (non-licenseed driving), and was under suspended execution due to the same crime, and (b) repeated driving without a license even though the indictment was filed for the same crime.

In light of these circumstances, the sentence of sentence on the defendant is inevitable.

In determining the specific sentence, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing revealed in the trial of this case, such as the fact that the defendant reflects his/her wrong, equity in the case that the defendant is concurrently judged with the crime of violating the Road Traffic Act (unlicensed driving) as stated in the judgment of March 9, 2018, and the age, sex, environment, circumstances of the crime, circumstances after the crime, etc.

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