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(영문) 수원지방법원 안산지원 2017.07.18 2017고단1103
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 15, 2014, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act (non-licensed driving) at the Seoul Southern District Court, and on April 8, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (non-licensed driving) at the Seoul Southern District Court, and the said sentence became final and conclusive on June 12, 2015, and the sentence of the said suspended sentence was terminated on April 7, 2016.

On March 31, 2017, at around 10:35, the Defendant driven a motor vehicle of approximately 50km from the front of the 283rd of the Sinnam-si to the front of the 462 mountain basin, along the center of the members of Ansan-si, without obtaining a driver’s license, from around 50km section, to the front of the 462 mountain basin.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

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

1. Previous convictions: Inquiries about criminal history, reporting criminal investigations (Attachment to the same type of crime records, etc.), application of Acts and subordinate statutes to investigation reports (verification of the date of release related to repeated crimes);

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. The Defendant of the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crime is limited to the criminal history of the same kind of crime. However, in 201 and 2002, each fine was imposed for the crime of larceny and unlicensed driving in 2002 and 2003, the suspension of the execution of imprisonment was imposed for the crime of larceny and Unlicensed driving in 2006, the fine was imposed for the crime of drinking and unlicensed driving in 2007, the fine was imposed for the crime of driving without a license in 2009, the fine was imposed for the crime of driving without a license in 209, the fine was imposed for the crime of drinking and unlicensed driving in 209, and the suspension of the execution of imprisonment was imposed for the crime of driving without a license in 2014 and the sentence was imposed for the crime of driving without a license in 2015.

Nevertheless, the Defendant committed the instant crime during the period of repeated crime.

And the defendant's license was granted in 2006.

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