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(영문) 대구지방법원 포항지원 2018.05.16 2017고단1640

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 13, 2017, the Defendant was sentenced to a suspended sentence of two years on September 21, 2017 due to a violation of road traffic law in the Daegu District Court Port Branch Branch of the Daegu District Court's Branch of Korea on September 13, 201, and is currently under suspended sentence.

1. On October 28, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a Bexton car without obtaining a driver’s license from around 12 km from the front of the Southern-dong Port of the South-gu Sea Port to the front of the office of North Dong-dong (Gu) North Dong-dong (Gu) to the front of the office of North Dong-dong (Gu).

2. On October 28, 2017, the Defendant violated the Road Traffic Act: (a) while driving a non-licenseed vehicle on the front of the D Hospital located in the north Port C, the Defendant continued to drive the said vehicle while driving the vehicle despite the police officer’s demand for stopping; (b) while continuously driving the vehicle; (c) “F” in the same Gu E (i.e., violating signal and instructions on the road, such as violating the duty of signal and instructions on the road; and (d) resulting in danger or injury to others, or causing danger to traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Investigation report (to attach photographs by black stuffs, video images and caps);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal history of the same kind), and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 152 subparag. 1, 43 (Unlicensed Drivings), 151-2, and 46-3 subparags. 1, 2, and 5 (Influences) of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment, respectively;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is that the defendant has been sentenced to punishment due to drinking, non-licensed driving, etc. several times, again, was driving without a license during the period of suspended execution due to drinking, and driving without a license again during the period of suspended execution.