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(영문) 대구지방법원 포항지원 2017.05.25 2016고단1702

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal history] On December 15, 2016, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act (unlicensed Driving) in the Daegu District Court Port Support on December 15, 2016, and the judgment became final and conclusive on December 23, 2016.

[Criminal facts] On December 16, 2016, the Defendant driven a CDamcom vehicle with approximately 300 meters section from the front day of the viewing road of the port located in the south-gu at the time of port in the south-gu at the time of port to the front day of the Sam-gu apartment unit in the same Dong without obtaining a driver’s license.

Summary of Evidence

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

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. The latter part of Article 37 of the Criminal Act to deal with concurrent crimes: (a) the reason for sentencing under Article 39(1) is that the defendant committed a violation of the Traffic Act (unlicensed Driving) on December 8, 2016 and sentenced two years of suspended execution to six months of imprisonment on December 15, 2016; (b) even if he/she was sentenced to two years of suspended execution on December 15, 2016, he/she committed the instant crime by driving without a license; (c) there may be several records of punishment for the defendant for the same crime; and (d) other various circumstances, such as the defendant’s age, environment, sex, and circumstances after committing the instant crime, the sentence to the defendant is deemed inevitable and the sentence to the defendant is determined as per the disposition.