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(영문) 수원지방법원 성남지원 2017.08.23 2016고단3287
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 23, 2015, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution by the Incheon District Court for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

Criminal facts

On September 13, 2016, at around 01:10, the Defendant driven a B-low car without a driver’s license from around 53 km section from around 271-25, Nam-gu, Incheon Metropolitan City, Seonam-gu to the 193rd road.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

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

1. The driver's license ledger;

1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions and reporting of the results thereof, and applying the statutes of the judgment;

1. The main sentencing factors include the pertinent legal provisions regarding criminal facts, Articles 152 subparag. 1 and 43 of the Road Traffic Act regarding the selective sentencing of imprisonment, the crimes during the period of suspended sentence, the crimes committed during the period of suspended sentence, the refusal to comply with a statutory request for appearance, and the crime committed in the instant case while being sentenced to a fine by driving without a license during the suspended sentence period, etc. shall be considered as the main sentencing factors. In addition, all sentencing factors in the instant trial process, such as the Defendant’s age, sex behavior, living environment, and conditions after the crime, shall be comprehensively considered, and the sentence shall be determined as ordered.

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