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(영문) 대구지방법원 김천지원 2016.08.25 2016고단95
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 6, 2014, the Defendant was sentenced to three years of suspension of execution on August 14, 2014 due to a violation of the Punishment of Violences, etc. Act (joint injury) by this court, and the judgment became final and conclusive on November 14, 2014, but the said judgment was revoked on April 10, 2015, and the execution of the said sentence was terminated on December 1, 2015.

"2016 Highest 95"

1. On January 6, 2016, the Defendant committed the crime of January 6, 2016: (a) driven a car with car driving without a driver’s license on the 3km section from the 1st century’s front road to the 3km road of the same Kupo-dong from the Gupo-si, Sipo-si around January 6, 2016.

2. The Defendant, on January 12, 2016, driven the automobiles listed in paragraph 1 without a vehicle driver’s license at a section of approximately 1km from January 12, 2016 to the front road of the scook-dong located in the Gu-Scoo-dong, Jin-si, Jin-si, Seoul, to the front road of the scoo-dong located in the same Dong-dong.

around 17:30 on July 12, 2016, the Defendant driven a DSS5 vehicle without a driver’s license in the section of about 700 meters from the 17:0 on the road in the Yellow-dong, Nowon-gu, Seoul Special Metropolitan City to the four-way road in the Dong of the same Si.

Summary of Evidence

"2016 Highest 95"

1. Statement by the defendant in court;

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

1. Registers of driver's licenses and details of revocation of driver's licenses "2016 Highest 986";

1. Statement by the defendant in court;

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

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. References to inquiries, such as criminal history, and application of investigation reports (related to the cancellation of suspended execution and the termination of suspended execution);

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the choice of imprisonment with prison labor, for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are three times during the period between the two years and the one year, before the commission of the instant crime.

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