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(영문) 대구지방법원 서부지원 2017.11.28 2017고단1143
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

around 14:00 on May 7, 2017, the Defendant driven a B B B B B-type car without obtaining a driver’s license from the front side of 10-lane, the Chang-ro, the Gag-ro, the Gag-ro, the Gag-ro, the Gag-ro, the Gag-ro, the 176-0, to the front road of 26-0,000, around 15km.

On June 1, 2017, the Defendant, around 13:55, driven a B rocketing car without obtaining a driver’s license from the section of about 15 km up to the 684 km-dong, Cheongju-dong, Kim Jong-dong, Cheongwon-dong, Kim Jong-si, 15 km-dong, on the road in front of the Hasan-dong, Changwon-dong, Kim Jong-do.

Summary of Evidence

"2017 Highest 1143"

1. Statement by the defendant in court;

1. Copy of a traffic accident-related statement;

1. A report on the occurrence of a traffic accident, an accident site photograph and an investigation report on the actual condition of a traffic accident;

1. A motor vehicle license ledger, a mandatory insurance inquiry report, and a plane inquiry report, "2017 order 1688";

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Traffic Act, the selection of punishment for a crime, and the selection 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In addition, the number of persons subject to punishment for the same crime as the sentencing of Article 62-2 of the Criminal Act is the majority, and in particular, even though criminal punishment was revoked on May 10, 2016 due to traffic accidents accompanied by human damage while driving in drinking condition, the driver's license was subject to criminal punishment on July 10, 2016, and the defendant's responsibility is not less than that of a non-exclusive driver's license for two times or more since he/she did not meet one year.

However, each of the crimes in this case was committed with a simple unauthorized driving, and human damage was not caused, and physical damage was not serious.

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