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(영문) 대구지방법원 김천지원 2016.12.08 2016고단170

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Around 03:00 on February 6, 2016, the Defendant driven C Ecps car without obtaining a driver’s license from approximately 3 km section to the front road of the Dong-dong bus terminal at the time of the same time on the front of the Dong-dong bus terminal.

The Defendant, at around 15:30 on February 22, 2016, 2016, driven C Ecoo motor vehicle without obtaining a driver’s license from the front side of the vice-fluor apartment in the lurgic-gun, Seolcheon-gun, to the front side of the Nam-gu, Sinsitoluth-dong.

Summary of Evidence

"2016 Highest 170"

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. On-site photographs;

1. Registers of driver's licenses and disqualified meetings of the main office: "2016 Highest 314";

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of the Act on Criminal Facts and the choice of punishment, and imprisonment with prison labor under Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

1. From among concurrent crimes, the Defendant for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act has not obtained a driver’s license, and the Defendant has repeated without obtaining a license even though he/she has been punished several times due to driving without a license.

A sentence of the suspension of the execution of imprisonment with prison labor was imposed on the person under the suspension of the execution of imprisonment with prison labor, but the person under the suspension of the execution was placed in prior to the suspension of the execution of the sentence.

In this case, the driver was also driving without a license at the end of two weeks since the non-licensed driving.

More than anything else, a sentence of imprisonment is imposed because it is judged that the defendant's voluntary opening cannot be expected.

The sentencing conditions shown in the argument of this case, such as family relations supporting the mother who has the defendant's age and hearing disability, were also considered.