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(영문) 대구지방법원 상주지원 2017.03.28 2016고단592

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 3, 2016, the Defendant, at around 11:00 on December 3, 2016, driven a C Poter truck without a driver's license in the section of approximately 3 km to the above residence through the front of the senior citizens' center located in the same 36 km from the residential area located in Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun.

On February 12, 2017, the Defendant, at around 69:35 on February 12, 2017, driven a C truck without a driver’s license in a section of about 500 meters from the construction site of the Jincheon Apartment apartment located in the Mincheon-gun, Gincheon-gun, Mincheon-do to the blind distance from the front apartment located in the same Ri.

Summary of Evidence

.2016 Highest 592

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A traffic accident report;

1. The ledger of driver's licenses (A.C.); and < Amended by Presidential Decree No. 28240, Jul. 69, 2017>

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Reporting on detection of any violation of the Traffic Act (non-licenseed driving);

1. The application of Acts and subordinate statutes to the ledger of driver's licenses, inquiry into the association of the main office, and the application of tea inquiry;

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with punishment as provided for in the crimes of Violation of Road Traffic Act (Unlicensed Driving) around February 12, 2017 with heavy penalty];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime even though he/she was punished for a crime related to the operation of automobiles several times.

In particular, on February 12, 2017, the crime of violation of the Road Traffic Act (non-licensed driving) on or around February 12, 2017 is found to be a crime of violation of the Road Traffic Act (non-licensed driving) on or around December 3, 2016 and is under trial, and the nature and circumstances of the crime are not particularly good.

However, the defendant has violated the Road Traffic Act (unlicensed Driving) accurately prior to the instant case.