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(영문) 대전지방법원 논산지원 2013.08.09 2013고단197
도로교통법위반(무면허운전)
Text

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

Reasons

Punishment of the crime

[Criminal Power] On June 26, 2012, the Defendant was sentenced to six months of imprisonment due to a violation of the Road Traffic Act (unlicensed Driving) in the Daejeon District Court’s Branch of the Daejeon District Court, and completed the execution of the sentence on December 23, 2012.

【Criminal Facts】

1. On May 27, 2013, at around 16:50, the Defendant driven a vehicle C occupiedane without a driver’s license on the section of approximately 2km from around 17:05 to around 17:30 on the same day from the front day of the “o-distance parking lot” in the Simsan-si, Masan-si.

2. On May 29, 2013, around 13:30 on May 29, 2013, the Defendant once again driven a vehicle C occupied coal without a car driver’s license on a approximately 1km section from the front of the “o-distance parking lot” to the front of the “o-distance parking lot” parking lot in the same Dong from the front of the “o-distance parking lot” to the front of the “o-distance parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry in the register of driver's licenses;

1. Images of on-site photographs;

1. Criminal records as stated in the judgment: To apply inquiry reports, copies of written judgments, and the current status of personal identification and confinement Acts and subordinate statutes;

1. Article 152 of the Road Traffic Act and Articles 152 subparagraph 1 and 43 of the same Act concerning the punishment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, there are records of being punished several times for traffic crimes for the reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, and the defendant committed another crime in this case during the period of repeated crimes, which amounts to five times the previous criminal records, and the defendant again committed the crime in this case during the period of repeated crimes. In light of the fact that a traffic accident occurred during the course of unauthorized Driving as stated in paragraph (2) of the judgment, it is inevitable to sentence sentence as

However, there is a reason to consider some of the circumstances leading to the crime as stated in paragraph (1) of the judgment, the defendant is a person with disabilities of class 2 of the hearing disability, and others.

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