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(영문) 의정부지방법원 고양지원 2017.05.30 2017고단1170
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 27, 2017, at around 09:00, the Defendant driven a rocketing car without obtaining a driver’s license from approximately 1 km section from the front day of the Doine Doine in the same Ri, which is located in the same Ri, to the front day of the Doine Subdivision cafeteria.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the register of tea;

1. The reasons for sentencing under Article 152 subparag. 1 of the pertinent Act and Articles 152 and 43 of the Road Traffic Act regarding criminal facts are as follows: (a) the Defendant was convicted of a number of criminal offenses including a suspended sentence of imprisonment due to drinking, driving without a license; and (b) on September 2, 2016, the Defendant was sentenced to a suspended sentence of imprisonment for a period of two years for a period of a suspended sentence of four months; (c) and (d) was driving the instant non-exclusive license in the instant case only for six months after being sentenced to a suspended sentence of two years for a violation of the Road Traffic Act.

As such, the Defendant appears to have seriously weak awareness of the ordinary compliance driving. As such, it is difficult to expect the effect of recidivism even if the Defendant’s punishment alone alone.

It is inevitable to punish a sentence on the basis of judgment.

However, the fact that the defendant is recognized as committing the crime and is against the nature of the defendant, the vehicle of the defendant after the prosecution of this case is scrapped, the previous suspended sentence becomes null and void when the sentence of this case becomes final and conclusive due to the crime of this case, and the conditions of all the sentencing specified in the records and arguments of this case, including the defendant's age, sex, environment, family relationship, circumstances after the crime, etc., shall be determined

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