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(영문) 대구지방법원 김천지원 2016.05.18 2016고단105

도로교통법위반(무면허운전)

Text

A person shall be punished by imprisonment with prison labor for not less than two months and by imprisonment for not more than four months for a crime set forth in the holding of the defendant.

(b).

Reasons

Punishment of the crime

On September 4, 2014, the Defendant was sentenced to a suspended sentence of two years for the violation of road traffic law (unlicensed driving) in the Daegu District Court Kimcheon, and the said judgment became final and conclusive on the 12th of the same month.

Criminal facts

1. On August 11, 2014, the Defendant driven a B-learning car without a vehicle driver’s license on the section of about 15 kilometers from the day before the Home Pluter road located in the Yongsan-gu, Daegu-gu, Daegu-gu, to the front road of the same Si-Si-Gun, under the same Si-Si-Si-Si-Si-Si-Si, in the front of the G-Siegdong Security Center.

2. On January 5, 2016, the Defendant driven a vehicle with a gallon C without a vehicle driver’s license at a section of about 400 meters from the front of the citizen playground in the luminous-dong at Gu, Simsi, Simsi, to the front day of the ozone-distance confection in the same cityr.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the fact during the suspended execution period of a suspect and confirmation of a flood audit room);

1. Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Article 37 of the Criminal Act to treat concurrent crimes: Provided, That Article 39 (1) [only between the crimes of subparagraph 1 of the judgment and the crimes of violation of traffic law (non-licensed driving) as stated in the judgment of September 12, 2014]

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant was punished for a violation of the Road Traffic Act (unlicensed driving) on several occasions; (b) the Defendant was driving without any license of this case without any license; (c) the Defendant was sentenced to imprisonment for four months on September 4, 2014; and (d) the Defendant was sentenced to two years on probation and again committed a violation of the Road Traffic Act (unlicensed Driving) and committed a violation of the said Act; and (c) the Defendant was sentenced to two years on September 4, 2014; and (d) the Defendant was sentenced

However, the judgment of Sep. 12, 2014 became final and conclusive in the fact that the defendant is against the defendant, and the crime No. 1 in the ruling.