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(영문) 춘천지방법원 2017.08.28 2017고단531
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 13, 2017, at around 10:06, the Defendant driven Bsch-ton car at the section of about 1 km from the front day of the steel refining inspection station located in the second degree of Hongcheon-gun, Hongcheon-gun, without a driver's license, to the entrance road at the North Chang Village located in 53, Hobbebea-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. The facts that the Defendant appears to have recognized and reflected the instant crime are elements for sentencing favorable to the Defendant, as well as the relevant legal provisions and Articles 152 subparag. 1 and 43 of the Road Traffic Act regarding the crime, and the reasons for sentencing of imprisonment with prison labor.

However, in light of the fact that the Defendant was punished for committing a violation of the Road Traffic Act (unlicensed driving) eight times, and the fact that he was sentenced to a fine during the suspension period due to a violation of the Road Traffic Act (unlicensed driving) and the fact that it is difficult to expect the Defendant to make improvement through social treatment as a result of committing the instant crime during the suspension period due to a violation of the Road Traffic Act (unlicensed driving), even though there was a history of receiving a fine, it is inevitable to punish the Defendant with severe punishment against the Defendant, in view of the following: (a) the Defendant was under drinking during the instant crime; and (b) the Defendant was in a state of drinking alcohol (the blood alcohol concentration was measured with 0.031% and was not prosecuted).

In addition, all other circumstances, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the pleadings of this case, shall be determined as per the order.

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