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(영문) 춘천지방법원 2013.08.22 2013고단225
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 27, 2012, the Defendant was sentenced to a summary order of KRW 2 million by the Chuncheon District Court on the violation of the Road Traffic Act, and the same criminal records were more than four times, and on September 3, 2010, the Suwon District Court sentenced 10 months to imprisonment for a violation of the Act on the Control of Narcotics, etc. (fence) and completed the execution of the sentence on April 15, 201.

On November 27, 2012, the Defendant, without obtaining a driver's license, driven a C detailed vehicle from the front side of the Dong department market in Chuncheon City to the front side of the Dice department store in Chuncheon City master-dong without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Disqualifications for unauthorized licenses;

1. Records before and after judgments: Criminal records, etc.; the inquiry report of criminal records, etc.; the Suwon District Court 2010 highest 2241; the court rulings 2010No4426; the application of Acts and subordinate statutes concerning the number of personal

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 under Article 35 of the Criminal Code among repeated offenders is that the defendant sells a motor vehicle after the crime of this case and shows the will to prevent recidivism, etc. However, considering the unfavorable circumstances such as the following: (a) the fact that the crime of this case was committed without being aware of during the repeated crime period; (b) the fact that the police discovered that the crime of this case was committed, there were many criminal offenses, including the five same criminal records; and (c) the defendant repeatedly drives without obtaining a driver’s license on one occasion without obtaining a single occasion, it is inevitable to punish the defendant.

In these circumstances, the defendant's character and character, the environment, and various circumstances revealed in the proceedings of this case shall be taken into consideration, and the sentence as ordered shall be determined.

It is so decided as per Disposition for the above reasons.

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