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(영문) 광주지방법원 목포지원 2016.10.20 2016고단1014
도로교통법위반(무면허운전)
Text

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

Reasons

Punishment of the crime

On February 14, 2013, the Defendant was sentenced to a suspended sentence of three years for the purpose of violating the Road Traffic Act for the crimes of violation of the Road Traffic Act in the Gwangju District Court's Manpoon branch on August 14, 2013, and on June 11, 2013, the said suspended sentence became effective upon being sentenced to six months by the same court on June 19, 2013, and the said judgment became final and conclusive on June 19, 2013. The period of parole was paroled on May 30, 2014 during the execution of each of the above sentence by the Navy prison and passed on June 19, 2014.

In addition, on August 26, 2016, the Defendant was sentenced to 10 months of imprisonment for the violation of the Road Traffic Act in the wooden Branch of the Gwangju District Court on August 26, 2016, and the judgment became final and conclusive on September 3, 2016.

From around 07:00 on April 14, 2016 to 21:40 on the same day, the Defendant driven a vehicle with CMF5 without obtaining a driver’s license from around 57 km section to the front post office road located in Saman-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-si, Chungcheongnam-do, and through Ypo-si, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of violation of the Road Traffic Act, investigation report, ledger of driver's license, and details of cancellation of driver's license;

1. Previous records of judgment: Application of criminal records, etc., each investigation report (verification of the latest record of sentencing of a suspect, confirmation of the record of driving without a license of a suspect, and confirmation of the fact that a suspect committed during the period of repeated crime);

1. Relevant Acts of crime, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the option of punishment, and the choice of imprisonment;

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

1. The crime of this case on the grounds of sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Code for concurrent crimes is committed before the last judgment becomes final and conclusive during the period of repeated crimes, but the fact that the defendant continues to drive without obtaining a license even after it was controlled by drinking during the period of repeated crimes is not good, and the previous criminal records are too disadvantageous.

The above circumstances and the defendant's age.

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