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(영문) 대구지방법원 2017.12.07 2017고단2391
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 16, 2016, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for a violation of road traffic law at the Daegu District Court on June 16, 2016, and such sentence became final and conclusive on June 24, 2016, and is currently under suspended sentence.

On April 7, 2017, the Defendant used approximately 100 meters at a distance of about 22:0 meters from the date of revocation of his/her driver's license on April 7, 2017, to the front of the tex, located in the same Dong, which is located in the location of detection, in front of the pipes of electrical materials located in the Daegu Northern-gu, Daegu.

On June 13, 2017, the Defendant driven D cargo vehicles at approximately 500 meters from the front road of the transmission market in the Seogu-gu, Daegu-gu, Daegu-si to the front road in the same Dong from June 13, 2017 to the front road of the present elementary school in the same Dong without obtaining a driver's license.

Summary of Evidence

[2017 Highest 2391]

1. Statement by the defendant in court;

1. Registers of driver's licenses (2017 Height 5563);

1. Statement by the defendant in court;

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

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Traffic Act that choose a penalty.

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are two separate offenses. However, the Defendant has already been punished several times for traffic-related crimes, and the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act at the Daegu District Court on June 16, 2016 and was sentenced to a fine for a violation of the Road Traffic Act for six months, but was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act, but was sentenced to a non-licensed driving on April 7, 2017 and was sentenced to a fine during the suspended sentence (No. 2391 of the case at the order of 2017, the first sentence of 2017, the second sentence of 2391). In light of the following, it is inevitable for the Defendant to drive a non-licensed driving on June 13, 2017.

In addition, the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime are shown in the arguments in this case.

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