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(영문) 대구지방법원 2014.11.20 2014고단4694
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 14, 2013, the defendant was sentenced to a 6-month suspended sentence for a violation of the Road Traffic Act, etc. at the Daegu District Court, which became final and conclusive on the 22th of the same month, and was issued a summary order of 5 million won in the same court on September 14, 2007.

At around 00:40 on July 17, 2014, the Defendant, without a driver’s license, driven a vehicle with approximately 4 km knex vehicle at the entrance of the Gyeongyang-Eup located at the same time at the seat of the Gyeongyang-Eup located at the same time, to the road near the entrance of a sub-Eup located at the Gyeongyang-Eup located at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement and circumstantial statement of an employer-provided driver;

1. License register;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant, while under the suspension of the execution due to a drunk driving, once again drives a drunk or non-licensed driving; and (b) the Defendant, who cannot be deemed to have been sentenced to a sentence, is inevitable

However, in light of the fact that the defendant's late and reflects mistake, the previous suspended sentence should be invalidated and the defendant's sentence should be returned to a suspended sentence, and all kinds of sentencing conditions, such as the defendant's age, character and behavior, environment, and circumstances after the crime, shall be determined as ordered and the defendant shall be detained by law.

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