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(영문) 전주지방법원 2015.12.15 2015고단1786
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal power] On July 7, 2015, the Defendant was sentenced to a suspended sentence of two years for one year of imprisonment with labor for a violation of the Road Traffic Act or a violation of the Road Traffic Act (unlicensed Driving) in the Gwangju District Court’s net support on July 7, 2015, and the said judgment becomes final and conclusive on July 15, 2015, and is currently under the grace period.

【Criminal Facts】

On September 2, 2015, at around 19:30 on September 2, 2015, the Defendant driven a DNA car from the front side of the Naju-Yan Island to the front side of the Simnan Island-Yandoandoan Island-Yandoandoan Island to the front side of the Simnan Highway without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Records before and after judgment: Criminal records, etc., inquiry reports, investigation reports (such as a copy of a written judgment), and application of statutes of the judgment;

1. Article 152 subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act regarding criminal facts, the reason for sentencing of sentence of imprisonment with prison labor has reached eight times the same criminal records, and the defendant committed the crime in this case even though he was under the period of suspension of execution, and two months have not passed since the decision of suspension of execution became final and conclusive even though he was under the same crime.

In addition, the defendant has been sentenced to a suspended sentence for another type of crime, two times.

Therefore, it is inevitable to sentence a sentence to the defendant even when considering the favorable circumstances for the defendant, such as the fact that the defendant is seriously against the defendant's wrong, that there is a family member to support the old and the old, who is not good in the health condition, suffering from diseases such as depression, etc.

In full view of the above circumstances and other matters on the conditions of sentencing, including the Defendant’s age, character and conduct, and environment, the sentence shall be determined as per Disposition.

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