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(영문) 대구지방법원 영덕지원 2018.04.18 2017고단218
도로교통법위반(무면허운전)
Text

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

Reasons

Punishment of the crime

On December 2, 2016, the Defendant was sentenced to nine months of imprisonment due to an injury, etc. by the Ulsan District Court, and the execution of the sentence was terminated on May 10, 2017.

On July 4, 2017, around 15:15, the Defendant operated the CMW car without a vehicle driver's license from the front side of the 150km-si, Ulsan-dong, Ulsan-dong, Ulsan-do, 586 Hamsan-dong, Mamsan-dong, Mamsan-dong, to the Cheongmsan-gun, Hamdong-ri 322-1.

Summary of Evidence

1. Statement of the defendant in the third public trial records;

1. Arrest reports on the violation of road traffic laws (unlicensed licenses), the ledger of driver's licenses for motor vehicles, and inquiry into the enemy;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of repeated records) statute;

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. Based on the reasons for sentencing Article 35 of the Criminal Act, the punishment as ordered shall be determined by taking into account all the factors indicated in the pleadings of the instant case, such as the Defendant’s age, environment, sex, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

Consideration: Unfavorable circumstances: (a) considering the fact that the Defendant had been sentenced one time to imprisonment due to driving without a license, etc., but again committed the instant crime; (b) the instant crime was committed during the period of repeated crime for which two months have not yet passed since the Defendant was released; and (c) the Defendant escaped without being present at the sentencing date; (d) the fact that the Defendant recognized all of the instant crimes, divided and reflected his mistake.

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