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(영문) 대구지방법원 서부지원 2018.05.29 2017고단1670
도로교통법위반(무면허운전)
Text

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

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

Reasons

Punishment of the crime

On July 2, 2017, the Defendant, around 09:00 on July 2, 2017, driven a vehicle of KRW 1670 without a driver’s license in the section of approximately 8 km from the front of the 26-ju public apartment to the 26-ju public apartment road in Seogu, Seogu, Daegu to the front of the gas station in the 227 modern Oil Bank, the Defendant driven a vehicle of KRW 1670 without a motor vehicle license.

On July 28, 2017, the Defendant driven a vehicle Cone Star Co., Ltd without a driver’s license in the section of approximately 3 km from the front of the sections of sections in the middle-gu, Daegu to the end of the construction site in the north-gu, Daegu to compensate for the 355-1, Seo-gu State bonds.

Summary of Evidence

"2017 Highest 1670"

1. Statement by the defendant in court;

1. The driver's license ledger;

1. The 2017 Highest 1897 "Grax 2017";

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to the next inquiry session;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, and the selection of a sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. On August 11, 2016, the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act: (a) was sentenced to a suspended sentence of four months for a crime of violating the Road Traffic Act (unlicensed Driving) at the Daegu District Court on the grounds of the suspension of execution; and (b) was sentenced to a suspended sentence of one year on April 19 of the same month; and (c) was again under the suspended sentence period, and thus, (d) was engaged in driving

However, in light of all the circumstances such as the Defendant’s acknowledgement of his mistake and resistance, the Defendant’s wife and two children (the birth in 2003, the birth in 2005), the Defendant’s disposal of the vehicle by failing to drive a license again, and the background of each of the crimes of this case, and the record of the crime, etc., the Defendant’s disposition is ordered as per Disposition.

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