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(영문) 대구지방법원 김천지원 2017.09.14 2017고단432
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 18, 2013, the Defendant was sentenced to one year to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and a violation of Road Traffic Act (unlicensed Driving) in the Daegu District Court Kimcheon Support on July 18, 2013, and completed the execution of the sentence on May 1,

On March 12, 2017, the Defendant driven a Category C truck without a driver's license from around 2 km section from around 811:0 to around 10:0 to about 2 km from the 811rd Hamil, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. A repeated offense committed before judgment: A written reply to inquiry, such as criminal history, investigation report (verification of criminal records and attachment of judgment on the violation of traffic laws of the same kind A), application of Acts and subordinate statutes on the acceptance status of each individual;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes has a record of being punished several times for the same crime.

In particular, even though a person was sentenced to a fine even though he was driving without a license in 2016 for the same repeated crime period, it is inevitable to punish him in that he was again driving without a license during the repeated crime period.

The punishment as ordered shall be determined by taking comprehensive account of the circumstances such as the background of crimes, character and conduct, environment, etc. of the defendant.

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