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(영문) 대구지방법원 2015.04.09 2015고단301

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 21, 2012, the Defendant was sentenced to imprisonment with prison labor for one year and a fine of five million won for fraud in the Daegu District Court on December 21, 2012, and completed the execution of the sentence in the Daegu Prison on February 17, 2013.

On November 27, 2014, at around 10:25, the Defendant, without a driver’s license, driven BK-5 cars at approximately 300 meters away from the vicinity of the 2 military headquarters located in the vicinity of the Daegu Suwon-gu, Daegu-gu to the same efficial distance.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (A) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, even though the defendant had served six times of punishment due to unauthorized driving, has committed another crime during the period of repeated crime.

In particular, in light of the fact that the Defendant was sentenced to a fine on August 8, 2014 for the same kind of crime committed during the period of repeated crime, and even if four months have not passed since the Defendant was sentenced to a fine on August 8, 2014, it is inevitable to sentence the Defendant to a sentence.

However, the punishment as ordered shall be determined in consideration of the fact that the defendant recognizes and reflects the crime, and other various sentencing factors recorded in the records, such as the age, health status, character and conduct, environment, and circumstances before and after the crime.