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(영문) 대구지방법원 영덕지원 2018.08.22 2018고단37

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On September 28, 2016, the Defendant was sentenced to a suspended sentence of two years for ten months, due to a violation of road traffic law (unlicensed driving) in the Young-gu District Court's Young-gu branch on September 28, 2016, and the judgment became final and conclusive on October 6, 2016, and is currently under suspended sentence.

[2018 Highest 37] On February 20, 2018, the Defendant driven a CKaren-II car without a vehicle driver’s license within approximately 10km from the front day of a soup, which was around 08:10, to the road near the dead side of the military, which was located in the same time as that of the dead side of the death and the public parking lot.

[2018 Highest 135] On July 5, 2018, the Defendant driven a CKaren motor vehicle without a driver’s license in the section of about 10km from the 10km to the roads adjacent to the Kanando-Eup in the same Gun, located in the Gando-gun, Gando-gun, Gando-myeon-gun.

Summary of Evidence

[2018 Highest 37]

1. Statement by the defendant in court;

1. Reports on internal investigation (a) (Attachment of photographs of a vehicle without A-licensed approval);

1. Making a report on the circumstances of driving without a license, the driver’s license ledger, and making an inquiry into the vehicle register;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (verification of such type of force);

1. Statement by the defendant in court;

1. A report on internal investigation (e.g., details of regulating operation without a license);

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history, and investigation report-related Acts and subordinate statutes;

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

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 against each of the instant crimes, even though the Defendant recognized all of the instant crimes and divided his mistake, the Defendant was sentenced to a suspended sentence due to driving without a license, etc., and was engaged in the instant primary driving without a license during the suspended sentence, and even if the trial was continued, he was discovered by driving without a license of the instant case.