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(영문) 수원지방법원 여주지원 2020.02.11 2019고단406
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 6, 2017, the Defendant was sentenced to the violation of the Road Traffic Act, the violation of the Road Traffic Act, the violation of the Road Traffic Act, and the violation of the Road Traffic Act. On May 9, 2018, the Defendant completed the execution of the sentence on September 2018.

On April 6, 2019, around 14:15, the Defendant driven a 1 ton truck of D class III without obtaining a driving license from a vehicle driving license in a section of about 6 km at approximately 85 km in the direction of Young-dong Incheon at the city of Innju to the roads located in Young-dong Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Report on investigation results;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records, references to dispositions, pre-dispositions, reports on results of confirmation (two copies), and current status of confinement of each individual;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Article 35 of the Criminal Act provides that when the sentencing of repeated crime is based on Article 35 of the Criminal Act, and the fact that the company inevitably drives due to its business shall be considered in favorable circumstances, but the frequency and degree of punishment for the same kind of crime and the fact that the repeated crime is a repeated crime shall be considered disadvantageous circumstances.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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