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(영문) 대구지방법원 서부지원 2018.03.21 2017고단1948
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On April 6, 2017, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act (drinking driving) at the Daegu District Court, and the judgment became final and conclusive on October 25, 2017.

[Criminal Facts]

1. On August 4, 2017, the Defendant driven a C Poter truck without a driver’s license in the section of approximately 1km from the front side of the “Saim Market” in 52-gil 33, a compensation for State bonds issued by the Daegu Seo-gu, Daegu-ro, to the front side of the “Saeng World Cup Sports” in 418, the same Gu.

2. On August 11, 2017, at around 07:35, the Defendant driven D Poter Cargo Vehicles without a driver’s license from around 1km to the road before the “China Elementary School” in the same Gu’s state bond compensation to the road before the “China Elementary School” in the same Gu’s state bond.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a final judgment by Defendant), Daegu District Court Decision 2017 High Court Decision 222 High Court Decision 2017 High Court Decision, Daegu District Court Decision 2017No1705 Decision, and of a summary information inquiry of the above case;

1. Selection of punishment for a crime under subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, or selection of imprisonment with prison labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act not only has the history of being punished for the same kind of crime over several occasions, but also has committed each of the crimes in this case while the trial is being conducted for a violation of the Road Traffic Act (drinking), and also has committed the crimes in this case after being investigated about the one of the crimes in this case. Meanwhile, the defendant is committing each of the crimes in this case, and the defendant has not been driving without a license for a considerable period after around 2011, the defendant was not driving without a license for a considerable period of time, and the crime in this case could have been tried together with the crime in violation of the Road Traffic Act (drinking).

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