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(영문) 수원지방법원 안산지원 2016.10.27 2016고단2463
도로교통법위반(무면허운전)
Text

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

Reasons

Punishment of the crime

On June 2, 2015, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (unlicensed Driving) in an Ansan Branch of the Suwon District Court on June 2, 2015, and was sentenced to a suspended sentence of two years on June 10, 2015, and the said judgment became final and conclusive on June 10, 2015, and has a total of three times of a suspended sentence

On June 24, 2016, around 16:00, the Defendant was driving a car with An Eddvera without obtaining a driver's license in a section of approximately KRW 100 meters from the front of the parking lot of the Dong Community Service Center in Ansan-si, 275 and the front of the Dong Police Station to the third distance of approximately 100 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to report the situation of driving without a license;

1. The Defendant was sentenced to a fine under the pertinent Article on the crime, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding the selection of a sentence, and the reason for sentencing imprisonment with prison labor in 2013 on one occasion due to drunk driving, without obtaining a license, one time due to driving without obtaining a license, and one time due to driving without obtaining a license for drinking or without obtaining a license for driving in 2014, and probation was ordered after being sentenced to a suspended sentence of imprisonment with prison labor for having caused a traffic accident under the influence of alcohol or without a license

The defendant has previously been sentenced to a suspended sentence of imprisonment due to a drinking traffic accident and a fine due to a violation of the Road Traffic Act, and there are two kinds of crimes with prison labor, one suspended sentence of imprisonment, and four sentenced fines.

Nevertheless, the Defendant committed the instant crime at another time.

Probation also did not prevent the defendant from repeating the crime.

The defendant found that his spouse mistakenly parked his vehicle, cited auxiliary heat in his house, and argued that he was parked in front of his house by driving a motor vehicle. However, even if the horse is true, it does not seem to be such a circumstance that the liability for the crime of non-licensed driving can be somewhat applied.

The defendant's age, occupation, character and conduct, environment, circumstances before and after the crime of this case, etc.

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