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(영문) 의정부지방법원 2017.11.17 2017고단4581
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On July 16, 2017, the Defendant driven a car with C C, without obtaining a driver’s license, from around 1km section from around 26:0 to the home fest road located in the Geum River-ro 1447 from around 14:0, Namyang-si, Namyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying report;

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

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act selected as a penalty.

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: Provided, That the reason for sentencing Article 39(1) has the record of having been already punished four times for driving without a license and five times for driving by drinking.

On April 4, 2017, the District Court sentenced one-year suspension of the execution of one-year imprisonment for a crime of violating the Road Traffic Act (drinking driving), which became final and conclusive on the 12th of the same month, and is currently under the suspension of the execution. On August 4, 2017, the same court was sentenced two years of suspension of the execution to six months of imprisonment for a crime of violating the Road Traffic Act (drawing driving) and became final and conclusive on the 12th of the same month.

The defendant was not only in the period of probation but also in the process of being tried for non-licensed driving, but also re-offending without reflectivity.

Therefore, the sentence shall be sentenced to the defendant, the records of the defendant's operation, the scrapping of the vehicle late, and the period of the suspension of execution shall be determined as stated in the order, considering the period of the execution of the sentence to be executed.

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