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(영문) 대구지방법원 영덕지원 2017.07.05 2017고단101

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 6, 2017, the Defendant driven a shower car from around 50km to the front road of a new bank located in the 25km-ro, Seoul Special Metropolitan City, Ulsan-gun, Ulsan-do, Seoul Special Metropolitan City, which was located in the 464-ri, Ulsan-do, Seoul Special Metropolitan City on April 6, 2017, without obtaining a driver's license.

Summary of Evidence

In the case of the defendant's statutory statement, the arrest report of the main office, inquiry into the decision of the main office, police site photographs, the ledger of driver's license of motor vehicles, and the previous conviction of the judgment: In response to inquiry such as criminal history (A), investigation report (report on the previous history confirmation), investigation report (report on the confirmation of the facts of crime during the period of probation), and the crime of this case as to the criminal facts subject to the applicable provisions of the relevant law and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (non-licensed driving, choice of imprisonment) of the selective Road Traffic Act, the crime of this case is committed because 20 days have not passed since the defendant was sentenced to a suspended sentence due to a non-exclusive driver's license and the judgment became final and conclusive, and therefore, it is not very good that

It is also disadvantageous to the defendant that he has been subject to a two-time suspension of execution due to driving without a license, etc. and a one-time fine.

However, considering the favorable circumstances that the defendant recognized the crime of this case and reflects the fact that the defendant does not repeat the crime of this case, the defendant does not repeat the crime, and transfers the driver's vehicle, the punishment as ordered shall be determined by taking into account all the sentencing conditions, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.