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(영문) 춘천지방법원 원주지원 2018.11.29 2018고단875
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 8, 2017, the Defendant was sentenced to imprisonment for eight months due to a violation of road traffic law (unlicensed driving) at the Changwon District Court’s branch on February 8, 2017, and completed the execution of the sentence on October 10, 2017.

On July 2, 2018, the Defendant, without a driver’s license, driven C Mt Motor Vehicles on the road located around approximately 10 km section of the Central Highway, Busan, 373 km, located in the movable property in Chuncheon-si, from around the non-fluoring restaurant in Chuncheon-si B without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant does not repeat the crime because he/she commits an error.

Although the crime of this case is being committed in the period of suspension of execution due to the same kind of crime, or repeated crime due to the same crime is committed during the period of repeated crime.

There is also a history of criminal punishment repeatedly imposed on driving-related crimes, such as drinking and unlicensed driving.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.

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