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(영문) 대구지방법원 포항지원 2016.05.26 2016고단189

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 3, 2016, around 15:49, the Defendant driven a motor vehicle B, without a driver’s license, at a section of approximately one kilometer from the model sloping parking lot located in the south-gu Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong to the front day of the Daegu Carbon B, which is located in the same Gu-dong-dong-dong-dong-dong-dong.

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

1. There are extenuating circumstances, such as the fact that the defendant's reason for sentencing alternative to imprisonment with prison labor is against the wrong recognition of the crime, and that a traffic accident is not caused due to a simple driving without a license.

However, the crime of this case was committed without being familiar with the suspended sentence due to drinking and driving without a license, and was committed during the suspended sentence. Moreover, even though the Defendant was charged with driving without a license during the suspended period prior to the instant case and was sentenced to a fine and was sentenced to a fine, the Defendant was sentenced to a sentence in light of the following: (a) the Defendant was driving without a license during the suspended period; and (b) the Defendant was driving with a license without a license again.

Specifically, in addition to the above circumstances, if the defendant's sentence becomes final and conclusive on the grounds of this case, there is possibility that the sentence will be executed concurrently with the suspended sentence (eight months of imprisonment) after the suspended sentence becomes invalidated, and other various sentencing factors indicated in the record, such as the defendant's age, sex, environment, and circumstances before and after the crime, are considered.