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(영문) 광주지방법원 2017.06.29 2017고단1740
도로교통법위반(무면허운전)
Text

The punishment of the accused shall be determined by four months of imprisonment.

Reasons

Punishment of the crime

[criminal history] On October 27, 2015, the Defendant was sentenced to six months of imprisonment by the Gwangju District Court for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., and completed the execution of the sentence in the Ganpo Prison on April 25, 2016.

[2] On March 28, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle on March 28, 2017, driven a Cpoter freight at a section of about 25 km from the Do near the Defendant’s domicile in Seo-gu, Gwangju to the Do, Seoyang-gu, Seo-gu, Seoul, to the Do in the documents of Goyang-gun, Seoyang-gu, Seoyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the judgment, etc. on the same type of repeated crime), and 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. On the grounds of sentencing Article 35 of the Criminal Act for aggravated repeated crimes, comprehensively taking into account all the sentencing conditions in the instant case, including the following circumstances, Defendant’s age, sex, environment, background and consequence of the instant crime, and the circumstances after the instant crime, the punishment as ordered shall be determined.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

There is a family member to support the defendant.

Unfavorable circumstances: the Defendant was punished eight times due to drinking or non-licensed driving (200, 2002, 2003, 2005, 2008, 2010, and 2015).

The defendant is under repeated crime due to a separate crime, and even though the driver's license was revoked, the crime of this case was repeated.

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