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(영문) 수원지방법원 여주지원 2017.12.22 2017고단1445
도로교통법위반(무면허운전)
Text

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

Reasons

Punishment of the crime

On September 30, 2017, at around 10:05, the Defendant driven a car at approximately 4.5 km from the Defendant’s residential last day to the front day of the “Korea Indones cafeteria,” located in the 94-2 Sinju City, the Defendant, without a driver’s license, at around 10:05, driven a car at around 4.5 km.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on occurrence of a violation of the traffic laws on roads;

1. The driver's license ledger;

1. Application of investigation reports (a repeated offense, confirmation of the operation of the same vehicle, etc.), and application of statutes in Part IV of the judgment;

1. Article 152 (1) and Article 43 of the Road Traffic Act, the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 35 of the Criminal Code of Aggravation of aggravated repeated crimes requires consideration of the reasons for sentencing, the motive for the crime, etc. in favorable circumstances, but the fact that the defendant is a repeated offender due to the same kind of crime, and that there have been several records of punishment for the same kind of crime, etc. shall be considered disadvantageous circumstances.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered.

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