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(영문) 의정부지방법원 고양지원 2016.09.22 2016고단1295
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On June 16, 2015, the Defendant was sentenced to ten months of imprisonment for a violation of road traffic law (drinking driving) and a violation of road traffic law (drawing driving) at the Jung-gu District Court on June 16, 2015 and completed the execution of the sentence on January 24, 2016.

[2] On April 25, 2016, the Defendant driven a 3-wing van without obtaining a driver’s license from the section to the front road of the 756-wing-gu, Sinsan-gu, Sinsan-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and inquiry letter of driver's license;

1. Previous convictions: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, (A), report on investigation (Attachment to the judgment, etc.), and report on investigation (report on confirmation of the period of repeated crime);

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 that choose a penalty;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the Defendant was punished six times for the same crime from 2009 to six times (including three times of punishment). The Defendant committed the instant crime during the period of repeated crimes of the same kind.

The sentence on the accused is inevitable.

Provided, That the fact that the defendant is against and the driving motor vehicle is sold, etc. shall be considered in favor of the defendant.

In addition, the sentencing conditions identified in the records of this case, such as the defendant's age, sex, family relationship, motive of crime, etc., and all the sentencing conditions identified in the trial process shall be determined as the order.

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