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(영문) 대구지방법원 2012.10.11 2012고단1355

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 12, 2010, the Defendant was sentenced to one year of imprisonment for violating the Road Traffic Act (unlicensed Driving) at the Daegu District Court on August 12, 201, and completed the execution of the sentence in the Daegu Prison on June 27, 2011.

On November 23, 2011, the Defendant operated the CA-to-pur vehicle at approximately one kilometer from around 1 kilometer to the new cable broadcasting front road located in the Sincheon-si, Geumcheon-si, Geumcheon-si without obtaining a driver's license on November 23, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the current status of driving without a license);

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, investigation reports (suspect's drinking driving, judgment on driving without a license, attachment of summary order, and confirmation of date of release);

1. Article 152 Subparag. 1 and Article 43 of the former Road Traffic Act (amended by Act No. 10790) concerning the crime;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, is that the defendant has been sentenced to a sentence of three times due to the crime such as drunk driving, driving without license, and violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the criminal records of the same crime exceed ten times. The defendant has been sentenced to a second offense of the same kind of crime, and it is inevitable to pronounce a sentence in light of the fact that the defendant has not been present properly in the trial.

However, the punishment as ordered shall be determined in consideration of the fact that the defendant has led to the crime, has been detained for more than one month, the fact that the defendant was in simpleless driving, etc.