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(영문) 대구지방법원 안동지원 2013.07.25 2013고단251

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

The Defendant was sentenced to six months of imprisonment with prison labor at the Daegu District Court on January 22, 2013 for a violation of the Road Traffic Act (unlicensed Driving) and completed the enforcement of the said sentence on February 15, 2013.

On April 30, 2013, the Defendant, without a driver’s license on April 10, 2013, driven B M& car from around 500 meters to the roads located in the same city and Dong from the Do in front of the Southern Busan Agricultural Cooperatives, which was permanently in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of criminal history records, investigation reports (report on the confirmation of the date of release A of a suspect) and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders is not only two times of punishment due to the same criminal act, but also six months of imprisonment for driving without a license, etc. on January 22, 2013.

2. The Defendant committed the instant crime within the repeated crime period, which was 2 months after the release on 15.15.

Provided, That the punishment as per the disposition shall be determined in consideration of the favorable circumstances to the defendant, which make a confession and reflect.