beta
(영문) 대구지방법원 2017.09.07 2017고단3314 (1)

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 26, 2017, the Defendant driven a vehicle for Brocketing traffic without a vehicle driver's license at approximately 400 meters from the parking lot of the 50 Jam-Eup office from around 00:0 to the front road of the 1021 SK Oil station from the parking lot of the 50 Jam-Eup office at around 0:00 to the same Eup.

On July 11, 2017, the Defendant 3911, on the 15:14 July 201, 2017, driven a Dap Motor Vehicle without obtaining a driver’s license from around 500 meters section from the French-gu, Daegu to about 80:81, Dong-gu, Daegu-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Selection of punishment for a crime under subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and selection of imprisonment with prison labor;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is about 10 times the criminal records of punishment for traffic-related crimes (including punishment for suspended sentence by causing an accident while driving alcohol or driving without a license). In addition, in light of the fact that the defendant was indicted for committing a crime of driving without a license on May 26, 2017 and again commits the crime of driving without a license on July 11, 2017, which is the day on which he/she was tried for the above case, and thus, he/she was tried to commit a crime of driving without a license, it is inevitable to punish the defendant who has an scarcity of compliance with the traffic-related laws and regulations.

In addition, the grounds for various sentencing specified in the pleadings of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, shall be determined as per the order.