beta
(영문) 대전지방법원 논산지원 2015.07.03 2015고단138

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 25, 2014, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act, etc. in the Daejeon District Court Seosan Branch on April 25, 2014, and completed the execution of the sentence on December 23, 2014.

On March 5, 2015, at around 20:0, the Defendant driven B cargo vehicles without obtaining a driver's license in the section from the front of the flue tourist hotel located in the area from the front of the f46-16-16 Korean movable property center to the front road of the 646-16 Korean movable property center.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. A trial seal prepared by the defendant;

1. A driver's license inquiry;

1. Previous records of judgment: Application of Acts and subordinate statutes to inquiry reports, such as criminal records, confinement and inquiry reports, and investigation reports prepared by prosecution assistant records (Attachment to the same type of judgment attached thereto);

1. Relevant Article of the Act on Criminal Facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

2. The Defendant for sentencing under Article 35 of the Criminal Act among repeated crimes was subject to criminal punishment several times due to unlicensed driving, drinking driving, etc., and the Defendant’s sentence on April 25, 2014, as stated in its reasoning, is inevitable to sentence the Defendant on the ground that it does not commit a crime, since three months have not passed since the execution of the sentence was completed, and it is not good that the Defendant committed a crime, such as committing a crime committed under the judgment.

However, the punishment as ordered shall be determined by comprehensively taking into account the facts that the defendant has committed a crime, and is led to confession, and other various circumstances shown in the pleadings of this case, such as the age, character and conduct, and environment of the defendant.