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(영문) 대구지방법원 안동지원 2016.09.23 2016고단594

도로교통법위반(무면허운전)

Text

The punishment of the accused shall be determined by four months of imprisonment.

Reasons

Punishment of the crime

[criminal history] On June 27, 2014, the Defendant was sentenced to six months of imprisonment due to a violation of road traffic law (drinking driving) in the Daegu District Court’s support, and completed the execution of the said sentence at the Daegu Prison on December 24 of the same year.

[Criminal facts] On July 16, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle on July 23:40, 2016, driven CM5 motor vehicles at approximately KRW 950 meters from the roads near the south-dong area of temporary residence to the roads over the south-dong area of Chocheon-dong in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of driver's licenses, report on the circumstances of driving without licenses, and inquiry into the grounds of disqualification;

1. Investigative reports (Attachment of guidance) and accompanying materials;

1. Records of crime: Application of a written reply to inquiries, such as criminal history, each investigation report (Attachment to the same type of force, confirmation during the period of repeated crime), text of judgment, and the current status of expropriation;

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 reason for sentencing Article 35 of the Criminal Act of aggravated repeated crimes is many that the defendant was punished for drinking or non-licensed driving, and the defendant was sentenced to imprisonment for six months due to the violation of the Road Traffic Act (driving) in 2014 and the violation of the Road Traffic Act (not after the accident). Furthermore, the defendant committed the crime of this case with alcohol concentration of 0.038% at the time of the crime of this case.

In light of these circumstances, it seems that the defendant's punishment is proper, and it is necessary to actively correct such defendant in a state of isolation from society for a certain period.

This is an unfavorable circumstance to the defendant.

The Defendant made a confession of all the crimes of this case and seriously reflects them.

There are circumstances in which the defendant should support two young children after the divorce.

This is favorable to the defendant.

In addition, the arguments and records of this case, such as the age, sex, environment, and circumstances after the crime, are shown.

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