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(영문) 대구지방법원 서부지원 2020.06.24 2019고단3057
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On May 11, 2017, the Defendant sentenced ten months to imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Daegu District Court on May 25, 2017, and sentenced one year to imprisonment for a violation of the Road Traffic Act (Unlicensed Driving) at the Daegu District Court on May 25, 2018, and completed the execution of the said final sentence at the Daegu Prison on April 17, 2019.

【Criminal Facts】

On September 27, 2019, at around 11:00, the Defendant driven C Poter Cargo Vehicles without obtaining a driver's license from approximately 5km section from the front of Daegu-gun, to the Samsan Island located in the same Gun C.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Photographs of the accident site;

1. Criminal records as stated in the judgment: Criminal records, inquiry reports (A), investigation reports (verification of the same criminal records), judgment, and application of Acts and subordinate statutes to the current status of confinement of individuals;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, was sentenced to a fine due to drinking driving, etc. in 2007, and the Defendant’s driver’s license was revoked.

After that, the Defendant was punished by a fine on one occasion in 2014, by a suspended sentence of imprisonment on one occasion in 2015, and was punished by imprisonment on one occasion in 2017 and 2018, respectively.

Nevertheless, after completing the execution of the above imprisonment, the Defendant did not know about the repeated crime during the period of repeated crime and repeated the same crime.

At the time of the instant case, the Defendant was driving a cargo vehicle as indicated in the judgment of the Defendant, and the vehicle was crashed along with the cargo vehicle.

In light of these points, the sentence of imprisonment for the defendant is bound to be sentenced.

However, the fact that the defendant shows an attitude to recognize the facts of crime, etc. is considered as a favorable condition to the defendant, and the age, character, character and environment of the defendant are other factors.

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