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(영문) 의정부지방법원 2018.11.30 2018고단4149
도로교통법위반(무면허운전)
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 1, 2018, around 14:00, the Defendant driven a e-learning car without a driver's license from the roads near C golf course located in B at Yangju-si to the roads near D Apartment-si around 14:25 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Making a report on internal accidents (operation without a license);

1. Making teas, etc.;

1. Application of statutes on site photographs;

1. Relevant Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding criminal facts, the reason for imposing a sentence of imprisonment for selective punishment has the past history of being punished three times by drinking alcohol driving even in the past. On July 20, 2016, the Defendant has the history of being punished by a fine of one million won for a crime of violating the Road Traffic Act (unlicensed Driving) on the ground of a violation of the Road Traffic Act.

In particular, on May 15, 2018, the Defendant was sentenced to a suspended sentence of two years on August 24, 2018 due to a violation of the Road Traffic Act (drinking driving), and the judgment became final and conclusive on May 24, 2018, and again committed the instant crime during the suspended sentence period.

In light of the criminal records of the defendant, since it is judged that the punishment of the defendant's attitude is insufficient to prevent recidivism, it is necessary to punish the defendant with heavy punishment to achieve the special preventive effect against the defendant.

Therefore, the sentence shall be imposed on the defendant, and the favorable circumstances such as the fact that the defendant acknowledges and reflects all of the crimes of this case shall be considered, and the defendant's age, health status, family relationship, sex conduct, circumstances revealed in the records and arguments shall be considered, and the punishment shall be determined as ordered.

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