(영문) 의정부지방법원 고양지원 2017.07.07 2017고단1545

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(영문) 의정부지방법원 고양지원 2017.07.07 2017고단1545

도로교통법위반(무면허운전)

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 24, 2017, the Defendant driven a bpoter flaps flaps, without the driver’s license, from the front day of the wall flaps in the 08:20 Gambling-si, to the front day of the salary-string distance in the Pju City and Eup in the Pju City.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to the next inquiry session;

1. The circumstances that are favorable to the Defendant, such as the pertinent legal provisions on criminal facts, Articles 152 subparag. 1 and 43 of the Act on the Direction of Road Traffic, the confession of the Defendant for the sentencing of sentence of imprisonment or imprisonment, and the fact that the Defendant has no record of equal punishment to or higher than the suspension of execution, etc. However, the Defendant was sentenced to a four-time fine for driving without a license between 2006 and 2016. On February 26, 2017, the Defendant was discovered while driving without a license at Seopopopopopo City on March 29, 2017, and was found to have been abandoned by the Jeju District Court on March 29, 2017, even if it was a public trial without being detained due to a violation of the Road Traffic Act (non-license for driving without a license).

In particular, the Defendant acquired the freight vehicle operated at the time of the instant case in around 2014 under the name of the Defendant without obtaining a license again, and thereafter, it is difficult to expect the effect of recidivism against the Defendant, even if the Defendant’s punishment alone is more difficult to expect the effect of recidivism, considering the following: (a) the Defendant’s driving of the said freight vehicle at the nationwide level, such as Seoul, Suwon, and Jeju, from November 2014 to February 26, 2017, by driving the said freight vehicle three times without a license; (b) and (c) it was confirmed that the fact that it was discovered four times in the unmanned control camera was discovered.

F. The sentence of sentence against the defendant is inevitable, and the sentencing conditions indicated in the records of this case, such as the defendant's age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime.

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