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(영문) 대구지방법원 안동지원 2016.10.28 2016고단637
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On August 11, 2016, the Defendant driving a ewing Fran vehicle at a section of about 35 km from the front side of the Gyeongcheon-gun, Gyeongcheon-do to the front side of the Dadong-si without obtaining a driver’s license on August 11, 2016.

2. No person who violates the Automobile Management Act shall cover a motor vehicle registration number plate nor make it illegible;

The defendant, around 11:20 on August 1, 2016, had his front and rear registration number plate in front and rear the E-wing Francing vehicle in order to avoid the crackdown on parking and stopping on the front and rear side of the D-dong-si.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, disqualified inspections, registers of driver's licenses, reports on occurrence, internal investigation reports, and application of Acts and subordinate statutes to photographs;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Article 81 subparagraph 1-2 and Article 10 (5) of the Automobile Management Act (which makes it difficult to identify a registration number plate by intention) of the Road Management Act, and the choice of imprisonment for each sentence;

1. In light of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders, the reason for sentencing is not only the fact that the Defendant was punished four times due to driving without a license for drinking alcohol, but also the fact that he again drives without a license even though he was suspended from the period of suspension due to driving without a license, and that he intentionally makes it difficult to identify a registration number plate, etc., the sentence of sentence against the Defendant is inevitable.

However, if the judgment of this case becomes final and conclusive when the defendant commits each of the crimes of this case against the defendant during the period of probation, the period of punishment to be executed against the defendant is increased due to the invalidation of the existing suspended sentence, and the defendant's age, character, conduct, environment, circumstances leading to the crime, means and methods of the crime, results, etc. shall be determined as ordered by taking into account the conditions of sentencing,

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