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(영문) 대구지방법원 2017.09.26 2017고단3318
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 23, 2014, the Defendant was sentenced to a suspended sentence of ten months due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a violation of Road Traffic Act, or a violation of Road Traffic Act (non-licensed driving), and was sentenced to a suspended sentence of six months at the same court on November 12, 2015, and was sentenced to a violation of Road Traffic Act (non-licensed driving) or a violation of Road Traffic Act (non-licensed driving) on February 16, 2016, and the said judgment became final and conclusive on February 16, 2016, and was released on December 23, 2016, and the period of the suspended sentence was expired on March 11, 2017.

On June 9, 2017, the Defendant, without a driver’s license, driven a car in Ctra XG at approximately 10km from the front of the tec factory located in the Sinsan-si Sinsan-si Sinsan-si, to the front of the apartment site in the same Sinsan-dong, the Defendant driven a car in Ctra XG at the 10km section.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of any violation of the Traffic Act (non-licenseed driving);

1. The driver's license ledger;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (verification of whether a repeated offense is repeated), application of Acts and subordinate statutes on the status of confinement;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (unlicensed Driving Point), and the selection of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the Defendant had the record of punishing seven times or a fine for the same crime even after examining only the criminal history since 2000, and even if the period of repeated crimes is in excess of three months after the expiration of the period of parole, even though the period of parole is in excess of three months after the suspended sentence and the previous criminal record like the previous criminal record in the judgment.

At the time of this case, the defendant did not have to drive in an inevitable situation, and he did not peep the situation in which the defendant actively endeavored to avoid driving without a license.

Although the defendant was physically disabled in the fifth degree of disability, it is difficult for the defendant to be in a family situation without good health condition.

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