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(영문) 대구지방법원 상주지원 2017.04.25 2016고단434
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, on September 6, 2014, driven a vehicle C without the driver’s license on a section of approximately 35 km from the road of the 537-1st day to the front of the rest area of the mid-to-west-to-Eup, Kimcheon-si, which is located in the Gapo-si, Shincheon-si on September 6, 2014.

On March 18, 2017, the Defendant 2017 J. 104, the Defendant driven D rocketing car without the driver’s license in approximately 3km section from March 18, 2017 to the front road of the Mapyeong-dong, Seoul Special Metropolitan City (U.S.) to the front road of the Mapin-dong I.S. International University (U.S.).

Summary of Evidence

d.2016 high group 434

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The confirmation plan for a traffic accident without a license for 14 years and a written confirmation for compensation;

1. Investigation report (No. 6 No. 5 of the evidence list);

1. Inquiry into the association of the main office, inspection of the ledger of driver's licenses, and the register of motor vehicle registration;

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on internal investigation (No. 5 in the list of evidence), investigation report (No. 12 in the list of evidence);

1. The ledger of driver's licenses, details of revocation of driver's licenses, and application of Acts and subordinate statutes to inquiries about association;

1. Article 154 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with punishment as provided for in the crimes of violation of the Road Traffic Act (unlicensed Driving) by the person on March 18, 2017, heavier penalty for concurrent crimes];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service, and order to attend a lecture, has already been made several times, and the Defendant had been sentenced to a suspended sentence due to a driving without a license, but was driving without a license on September 6, 2014.

The defendant was prosecuted by being investigated by the above facts, and the defendant did not contact the defendant and check his domicile.

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