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(영문) 수원지방법원 2018.01.23 2017고단5957
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

On September 5, 2017, the Defendant, without obtaining a driver’s license, driven approximately 300 meters from the front side of the Gwanak-gu Electric Steel Co., Ltd., the head of the Defendant, at the time of the same time, driven a Kaxon vehicle of about 131 meters in front of the same city-ro, the same city-ro, the 131-ro, the same city-ro, the front side of the child care center.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the register of tea;

1. Circumstances favorable to the defendant for the reasons for sentencing of punishment of imprisonment, as follows, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding the relevant criminal facts, Articles 152 Subparag. 1 and 43 of the Road Traffic Act, and Articles

The defendant is deeply divided into and reflected in the crime of this case.

The instant crime did not cause any personal and material damage.

The defendant seems to have disposed of the vehicle operated after the crime of this case.

The defendant has no previous convictions of imprisonment.

Circumstances unfavorable to the defendant are as follows:

In 2016, the Defendant was sentenced to imprisonment for 8 months with prison labor due to driving without a license, etc., and was sentenced to 2 years of suspended sentence, and again committed the instant crime during the suspended sentence period.

In 2013, the defendant was sentenced to a suspension of the execution of six months, due to non-licensed driving or refusal to measure drinking even though he was sentenced to a suspension of the execution of two years.

The defendant has a record of being punished by a fine twice due to driving without a license or driving under drinking.

The Defendant had not acquired the license again until now after the revocation of the light license in 2008.

In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime, the sentence is inevitable, and thus, the sentence is to be determined as per Disposition.

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