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(영문) 전주지방법원 2015.04.14 2015고단77
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On May 15, 2013, the Defendant was sentenced to ten months in the Jeonju District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Road Traffic Act, the violation of the Road Traffic Act, the Road Traffic Act, the violation of the Road Traffic Act, and the Guarantee of Automobile Accident Compensation Act, which became final and conclusive on July 29, 2013, and the execution of the sentence has been terminated in the Jeonju Prison on January 29, 2014.

At around 15:10 on January 15, 2015, the Defendant, without obtaining a driver’s license, driven a C Eccoo vehicle from the front of the CBS Broadcasting Station located in Chungcheongnam-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, to the front of the CBS broadcast Station located in the same area.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (the report on the enemy);

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (componating written judgments, etc.), copies of written judgments, and application of Acts and subordinate statutes concerning personal identification and confinement status;

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. In light of the fact that the defendant for sentencing under Article 35 of the Criminal Act among repeated offenders has been punished several times as a crime without a license, etc., and that the defendant again commits the crime of this case even during the repeated crime period despite the fact that he/she committed the crime of this case, it is inevitable to sentence the defendant to imprisonment even if considering the circumstances alleged by the defendant, such as the health of the defendant and the circumstances leading to the crime, etc.

In addition, the sentencing conditions specified in the instant case, such as the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime, shall be determined as per the disposition.

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