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(영문) 대구지방법원 김천지원 2017.05.16 2016고단1516
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On February 9, 2017, the Defendant was sentenced to one year of suspended sentence for six months of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court Kimcheon (do referred to as "the main sentence"), and the judgment became final and conclusive on February 17, 2017.

[Criminal facts] On October 15:16, 2016, the Defendant driven a motor vehicle B K7 vehicle without obtaining a driver’s license from around 50 meters away from the three -- range of convenience stores located in the Gu-Si, Jin-dong, Jin-dong to the U.S. S. S. S. S. S. S. S. S.W. on the road located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Crafic photograph;

1. Previous convictions in judgment: Application of a reply letter to inquiry, text of judgment, summary information of the case, such as criminal history;

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 latter part of Article 37 of the Criminal Act regarding concurrent crimes: Provided, That the reason for sentencing Article 39(1) has the record of being subject to criminal punishment on three occasions due to an unlicensed driving crime, and juvenile protective disposition on two occasions over two occasions.

On March 30, 2016, the Defendant committed a crime of violation of the Traffic Act (unlicensed Driving) on the road, and was punished by a fine on May 23, 2016. On August 1, 2016, the Defendant committed a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes"), violation of the Road Traffic Act (unnecessary Measures after Accidents), and violation of the Road Traffic Act (Non-licensed Driving) and committed the instant crime without any reflect or self-esteem despite the institution of the prosecution.

However, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the award) and the crime of this case are concurrent crimes with the latter part of Article 37 of the Criminal Act, and the equality between the above crimes and the judgment should be taken into account.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

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