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(영문) 수원지방법원 안산지원 2019.08.13 2019고단2137
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On November 19, 2015, the Defendant was sentenced to 8 months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Suwon District Court, etc. on November 19, 2015, and the judgment was finalized on November 27, 2015. On October 13, 2016, the Defendant was sentenced to 4 months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Ansan District Court’s Ansan Branch, and the execution of the sentence was terminated on February 12, 2017. Accordingly, the sentence was paroled on October 27, 2017 while the said suspended sentence was invalidated and the period of parole was expired on November 10, 2017.

【Criminal Facts】

On August 13, 2018, around 18:18, the Defendant driven a ecoo vehicle without a car driver's license from approximately 30 km section from the scoo-dong in Ansan-si to the front road of the B apartment C-dong in the light-si.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Previous records: Criminal records, investigation reports (verification of the same records of a suspect), personal confinement status, and application of each statute of a judgment;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Taking into account all the circumstances, such as the fact that a repeated crime committed under Article 35 of the Criminal Act due to the crime of violating the Road Traffic Act (unlicensed Driving) and the fact that there was an past record of having been punished eight times due to the crime of violating the Road Traffic Act (Unlicensed Driving), while recognizing and reflecting the mistake, etc.

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