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(영문) 대구지방법원 2016.10.06 2014고단5063
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On October 10, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Daegu District Court on the grounds of a violation of the Road Traffic Act, and completed the execution of the sentence on June 18, 2014.

【Criminal Facts】

Around 10:50 on June 24, 2014, the Defendant, without obtaining a driver’s license, driven a car from around 700 meters away from the parking lot in front of the agricultural cooperative located in Yongcheon-si, Yongcheon-si to the front road in Youngcheon-si, Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. On the grounds of sentencing under Article 35 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, among repeated crimes, shall be determined as ordered by taking into account the following circumstances.

In the past, even though the defendant had been punished for non-licensed or drunk driving several times in the past, the defendant has committed this case again during the period of repeated crime due to the same kind of crime.

The defendant has not been in good faith in a trial.

A favorable normal situation: The defendant is not guilty of the same kind of crime, and shows a reflect attitude.

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