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(영문) 대구지방법원 영덕지원 2017.11.15 2017고단237
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 13, 2015, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint confinement) in the Seo-gu District Court Branch Branch of the Daegu District Court on March 13, 2015, and completed the execution of the sentence on August 8, 2015.

On 15:00 around 15:00 around 27, 2017, the Defendant driven the CMF5 car without the driver’s license from around 4km to the front road of the CMF5 car at the time of the CMF in front of the CMF Museum located in the Republic of Korea in the same military as the CMF, from the road near the CMFri-ri-ri in the south of the Republic of Korea

Summary of Evidence

The defendant's legal statement of violation of the Road Traffic Act (unlicensed driving), arrest report of a suspect, ledger of driver's license of a motor vehicle, and previous records of his/her next ruling: a response to inquiry, such as criminal history, investigation report (verification of the previous records), investigation report (verification of the record of repeated crime), and the crime of this case for the reason of sentencing Article 152 subparagraph 1, Article 152 subparagraph 1, and Article 43 (Selection of Imprisonment) of the Criminal Act aggravated repeated crime under Article 35 of the Criminal Act by adding repeated crime to the criminal facts applicable to each of the attached materials, the crime of this case is deemed to have been punished three times by a fine due to non-exclusive driver's license, etc., and driving without a license again despite the fact that the defendant had been subject to suspended

Although the defendant was punished for fraud in 2013 and was sentenced two times or more after he was released from the court, he was sentenced to a fine, and was sentenced to a non-licensed driving, it is disadvantageous that he was sentenced to a non-licensed driving during the period of the repeated crime, and then he was sentenced to a non-licensed driving.

However, considering the facts that the defendant's mistake is recognized and against himself/herself, and that the person wants the defendant's wife, the punishment as ordered shall be determined by considering the favorable circumstances, and all of the sentencing conditions, such as the defendant's age, sex, environment, motive, circumstances, means and consequence of the crime, and circumstances after the crime, etc., shall be determined by taking into account.

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