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(영문) 대구지방법원 김천지원 2017.12.12 2017고단1006
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

"2017 Highest 1006"

1. On June 16, 2017, the Defendant: (a) driven a B-beon truck without obtaining a driver’s license in the section of about 130km from the front side of the instant apartment located in the valley-dong of Kimcheon-si around 10:30 on June 16, 2017 to the point of 313km in the direction of Seoul in the Cheongju-si-si, Cheongju-si.

"2017 Highest 1488"

2. On July 19, 2017, the Defendant violated the Road Traffic Act (non-licensed driving) around July 19, 2017, driving B Poter cargo vehicles without obtaining the driver’s license from the 1km parking lot from the 1km to the front road of the Defendant’s house located in Kimcheon-si, in the 50-si, Kimcheon-si dam.

Summary of Evidence

"2017 Highest 1006"

1. Statement by the defendant in court;

1. "Motor vehicle driver's license register": 2017 Highest 1488;

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to CCTV photographs;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the choice of imprisonment with prison labor, for the crime;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the accused has a record of criminal punishment twice for the same crime.

In particular, even though the Defendant was discovered while driving a license without a license on December 2, 2016 and was punished by a fine, the Defendant committed the first-free driver license without a license on December 2, 2016, and committed the second-free driver license without a license on December 2, 201, and thereafter, committed the second-free driver license on December 2, 201.

However, the defendant is re-competing.

There is no record of criminal punishment exceeding a fine for the same crime.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

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