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(영문) 부산지방법원 서부지원 2019.08.13 2019고단79
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Power] On November 23, 2017, the Defendant was sentenced to one year of imprisonment for fraud at the Incheon District Court, and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution on October 14, 2018.

【Criminal Facts】

On December 4, 2018, the Defendant, at around 21:50 on December 21, 2018, driven a F rocketing car from the front side of the C plant located in Gangseo-gu Busan, Busan, to the roads of D apartment E-dong, Busan, without obtaining a driver's license.

On January 31, 2019, the Defendant driven an Fststa car from the 10m section to the same convenience store without obtaining a driver's license on January 23, 2019 to the 10m section of the H convenience store in Gangseo-gu to the same convenience store.

Summary of Evidence

【Prior Records at the Time of Sales】

1. A statement of criminal history records, etc., investigation report (a repeated offense, and confirmation of the record during trial);

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Details of revocation of driver's license (2019 Highest 1071);

1. Defendant's legal statement;

1. Details of driver's license revocation;

1. Application of the statutes on the register of driver's licenses;

1. Article 152 of the Road Traffic Act and Articles 152 subparagraph 1 and 43 of the same Act concerning the punishment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes have committed the instant crime without being able to have been convicted on six occasions prior to the instant crime.

In particular, in light of the fact that even if a public prosecution was instituted for the 2019 Highest 79 case, it seems that there is no intention to comply with traffic-related laws and regulations.

Defendant is the period of repeated crime.

In addition, various sentencing conditions under Article 51 of the Criminal Act, such as the age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes in this case, and circumstances after the crime, shall be comprehensively considered.

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