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(영문) 청주지방법원 2017.10.13 2017고단1841
도로교통법위반(무면허운전)등
Text

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

Reasons

Punishment of the crime

On October 7, 2016, the Defendant was sentenced to four months of imprisonment for a violation of road traffic law (unlicensed driving) at Daejeon District Court on February 23, 2017, and completed the execution of the sentence at Gwangju Prison.

On June 24, 2017, the Defendant owned J car rental car and operated the said car rental car without obtaining a driver’s license on around 14:15, 2017, and was not covered by the mandatory insurance to the front day of the 9 Young-gu Cheong-gu Cheong-dong Cheong-dong, Chungcheongnam-gu, Chungcheongnam-gu, Cheongdong-gu, Cheongju-si, a considerable part of the road in the same city to the front day of the 9 Young-gu Party.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the ledger of driver's licenses, tea inquiry, mandatory insurance, and non- mandatory insurance information;

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning the results of inquiry, investigation reports (Attachment of judgment, etc.), judgment sentences, and personal confinement status;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (unlicensed Driving), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes, when the defendant was sentenced to a license without the same type of license and was sentenced to a punishment for the same type of crime for not less than five months, and again commits a crime without the same type of license without the same license for the same type of crime for which five months have not passed, and the defendant has reached about 20 total criminal records, and has already been six times or more, and the defendant seems to have repeated driving without the same type of license without the same license for the previous time, and the favorable circumstances such as the defendant's confession and is against the depth of driving without the previous license for the previous time, and other favorable circumstances such as the defendant's age, occupation, sex, family relationship, and conditions of sentencing as shown in the oral argument shall be determined in the same sentence as the order.

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