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(영문) 대구지방법원 서부지원 2012.02.09 2011고단1960
도로교통법위반(무면허운전)
Text

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

Reasons

Punishment of the crime

[criminal record] On November 5, 2008, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Daejeon District Court on August 16, 201, and completed the enforcement of the sentence at the Chungcheong Detention House on August 16, 201. On December 1, 2011, the Defendant appealed three years and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Daegu District Court’s Seo branch branch, and appealed on December 1, 201 and continues the appellate trial under the Daegu High

[Criminal Facts] The Defendant,

1. On October 5, 201: Around 15:40, at the section of approximately 5 km from the frame of the international oil station adjacent to the international oil station located in 56-8, Nowon-gu, Nowon-gu, Nowon-gu, Seoul, to the frame of the new elementary school adjacent to 4-10, Dong-gu, Sinsi-dong, Sinsi-si, Sinsi-si; (b) around 23:00 on the same day, the vehicle is driving from the frame of approximately 2 km from the frame of the body of the new elementary school adjacent to the foregoing new elementary school to the Song-si parking lot located in Sinsi-dong, Sinsi-si, Sinsi-si;

2. On October 6, 201, around 22:00, a person driving the said vehicle at a section of about 2 km from the parking lot of the above fountaind Park to the front day of the restaurant for the coast of the Domsan Sea, which is located in the Gu-U.S. H. Simm-dong Geumm-si Si.

Accordingly, the defendant driving the above vehicle more than twice without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A criminal investigation report (attaching photographs);

1. An investigation report (in case of the disqualification of the main office, appending a report);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to investigation records, investigation records, investigation reports (verification of the results of trials in progress by which a suspect is a separate suspect), investigation reports (in the course of trials), investigation records by individual, investigation records by individual or confinement status;

1. Article 152 Subparag. 1 and Article 43 of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201) regarding the crime

1. Selection of imprisonment with prison labor alternative to the punishment (including the fact that he/she has the same criminal history and three times, and the fact that he/she is disqualified for suspension of execution as

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 and Article 38 of the Criminal Code to increase concurrent crimes.

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