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(영문) 대구지방법원 안동지원 2017.04.14 2016고단972
도로교통법위반(무면허운전)등
Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

[criminal history] On June 24, 2016, the Defendant was sentenced to six months of imprisonment for a violation of road traffic law in the Daegu District Court’s support, and completed the execution of the sentence at the Daegu Detention Center on October 24, 2016.

[Criminal facts] The Defendant is a person who owns and carries out a passenger car B Mete.

On November 17, 2016, from around 04:00 to 15:00, the Defendant operated the said stete car without obtaining a driver’s license from the section from the 1001-34-a-a-car parking lot to the sports complex located in Taecheon-si, Taecheon-si, Taecheon-si, which is a salary-gun, to the 1001-34-a-Gun top-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, ledger of driver's licenses, inquiry into respective mandatory insurance, and copy of a motor vehicle registration certificate;

1. Investigation report (whether to purchase mandatory insurance);

1. Records of the judgment: Application of Acts and subordinate statutes, such as a written reply to inquiries, such as criminal history, status of personal confinement, investigation report (Attachment of previous convictions), and judgment;

1. Relevant legal provisions concerning facts constituting an offense and driving without obtaining a license for the option of punishment: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that operate a vehicle with no mandatory insurance policy: Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act and the main sentence of Article 8 of the same Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have many traffic-related criminal records. In addition, one month has not passed after release, as stated in its reasoning, and the Defendant committed the instant crime. As such, it is inevitable to actively correct the Defendant, who has the suitability for punishment, in a state of isolation with society for a certain period.

This is an unfavorable circumstance to the defendant.

All of the crimes of this case are confessioned by the defendant and the facts that the defendant reflects against the defendant are favorable to the defendant.

In addition, the age, sex, environment, and crime of the defendant.

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