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(영문) 대구지방법원 김천지원 2017.07.12 2017고단644
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 12, 2017, the Defendant driven a D Car without obtaining a driver’s license from around 100 meters to around 16:30 on the Doldong, which is located in the Sinsi-si, Sinsi-si, and from around 100 meters to the Dold Road in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, inquiry into the main office, and details of revocation of driver's licenses;

1. There are extenuating circumstances such as Article 152 subparag. 1 and Article 43 of the Road Traffic Act regarding criminal facts; Article 152 subparag. 1 and Article 43 of the Act on the Traffic of Roads; Article 152 subparag. 1 and Article 43 of the grounds for sentencing a sentence of imprisonment without prison labor; the defendant supports his/her young children; however, the defendant has a past record of having been punished six times due to driving without a license and five times due to drinking (including the past record of being punished twice due to driving without a license during drinking), and the defendant committed the instant crime again during the period of suspended sentence or suspension of execution. In particular, it is inevitable to pronounce a sentence in light of the following: (a) the defendant has been punished by a fine for the non-licenseing crime during the period of suspended sentence in 2011.

In addition, the defendant's age, sex, family relationship, background of the crime of this case, circumstances after the crime of this case, etc. shall be determined as ordered by considering various sentencing conditions as shown in the argument of this case.

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