(영문) 의정부지방법원 2017.07.25 2017고단612

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2017.07.25 2017고단612

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On July 16, 2015, the Defendant was sentenced to six months of imprisonment for a violation of road traffic laws (unlicensed driving) at the Jung-gu District Court on July 16, 2015, and the parole period was expired on December 24, 2015 during the execution of the sentence in the Ansan Prison.

[Criminal facts] On February 9, 2017, the Defendant driven a DPoter Ⅱ truck without a driver’s license from the front side of the 1176 Sindo New Apartment-ro 1176 “Yedo New Apartment-ro” to the front road of the 1k-do 1193 Gedo 1193, the Defendant driven a Dpoter Ⅱ truck without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (the confirmation of previous history and report on the date of release), and copy of judgment, such as criminal history;

1. Selection of punishment for a crime under subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, or selection of imprisonment with prison labor;

1. The defendant of the reason for sentencing Article 35 of the Criminal Act is eight times in total before and after a non-licenseing driver, and two times in total before and after the suspension of execution, and one time in total.

The Defendant had been detained due to repeated driving of a license without a license, and was placed in custody during the period of the suspension of the execution, and was sentenced to a fine twice again during the suspension of the execution or two times again. Nevertheless, the Defendant had been sentenced to a punishment twice again due to a traffic accident due to a driving without a license, and the Defendant had been sentenced to a punishment again during the period of repeated crime after the termination of the term of punishment due to a sentence, and again had been driving without a license again during the period of repeated crime.

When considering the power of the defendant, it is inevitable to sentence a fine to the defendant because it is too unfilled.

참조조문

-형법 제35조

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