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(영문) 수원지방법원 성남지원 2017.04.25 2016고단1152
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 27, 2016, the Defendant driven a B-type truck without obtaining a driver’s license from around about 1 km section from the central road distance of Seongbuk-gu, Sungnam-dong, Sungnam-dong, to the apartment house of the same Gu, Seowon-dong, Jungwon-dong, and from around 08:10, the Defendant driven a B-type truck without obtaining a driver’s license.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. The driver's license ledger;

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. The reason for sentencing the alternative sentence of imprisonment with prison labor is that the defendant has already been punished as a crime of violating the Road Traffic Act (unlicensed driving) over several times, and the defendant seems to have continuously repeated driving since the driver's license was revoked on June 1997.

In addition, the sentencing conditions as shown in the arguments of this case, such as the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, etc., shall be considered together, and the punishment shall be determined as ordered.

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