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(영문) 대구지방법원 경주지원 2017.09.28 2017고단379
도로교통법위반(무면허운전)
Text

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of two months in the Daegu District Court on October 13, 2016 due to a crime of violating the Road Traffic Act (drinking) and a violation of the Road Traffic Act (licensed driving) in the Daegu District Court racing support, and was sentenced to a suspended sentence of two months on October 21, 2016, which became final and conclusive on October 21, 2016.

[Criminal facts] On July 1, 2017, the Defendant driven a E Caren car without a driver’s license from the front corner of the seat of the land owner in the racing city around 200 meters from the front corner of the land owner in the racing city to the front corner of the Sim-si in the racing city around the above day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Reporting on the detection of any suspected violation of traffic laws (driving without a license) on roads, a copy of the ledger of use of a drinking measuring instrument, the ledger of driver's licenses and the next inquiry;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (verifications during the period of suspension of the same type of stay);

1. The reason for sentencing under Article 152 subparag. 1 of the pertinent Act and Articles 152 and 43 of the Road Traffic Act regarding criminal facts and the selective sentencing of punishment is divided into depth of the Defendant’s mistake, and some of the circumstances such as the circumstance leading to the Defendant’s crime of violation of the Road Traffic Act committed several times, and the fact that the Defendant’s racing F for which the Defendant resides is highly likely to operate his/her own vehicle due to the relation where the Defendant lives.

However, the Defendant was punished for a violation of the Road Traffic Act (drinking driving) five times during the period, and in particular, on October 13, 2016, the Daegu District Court sentenced the Defendant to two years of suspended execution, one year of protective observation, and 40 hours of compliance driving for the period of eight months of imprisonment for the violation of the Road Traffic Act (drinking / Non-licenseing driving) in the Daegu District Court and its Branch of the Daegu District Court. However, the Defendant committed the instant non-licensed driving under this case during the period of suspended execution.

At the time of the above suspended sentence, the presiding judge sentenced the suspended sentence of imprisonment to the defendant, and clarify that the defendant is the last place of the suspended sentence.

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