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(영문) 전주지방법원 2015.07.14 2015고단618
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal power] On July 18, 2014, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (unlicensed Operation) at the Jeonju District Court on August 4, 2014, and the judgment became final and conclusive on August 4, 2014, and the paroled on December 24, 2014 during the execution of the sentence in the military prison, and the parole period expired on January 17, 2015.

【Criminal Facts】

On March 29, 2015, at around 14:10, the Defendant driven a C-Won-man car without obtaining a driver's license from a shower hotel located in the Dong-dong, Daejeon Metropolitan City to the Dong-dong located in the Dong-dong, Daejeon Metropolitan City from about 1km to about 451-1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, and a driver’s license inquiry;

1. A report on investigation (the confirmation of the number of a suspected vehicle and the report on the confirmation of ownership);

1. Previous records: Application of inquiries and inquiries, such as criminal records, and criminal investigation reports (applicable to the previous records of suspects, file of written judgments, and current status of personal identification and confinement);

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, the Defendant committed the instant crime even though he/she is under repeated crime, even though he/she was under the period of repeated crime, has committed the instant crime. In addition, the Defendant committed the instant crime even though he/she was under the period of repeated crime.

Therefore, it is inevitable to sentence a sentence to the defendant even when considering the circumstances of the defendant's appeal, such as the defendant's appeal, such as the defendant's appeal against the mistake and the defendant's attempt not to repeat such a crime again, the health of the defendant, and the support for his family, etc.

The sentencing conditions, such as the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime, shall be determined as per Disposition, comprehensively taking into account the following circumstances.

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