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(영문) 대구지방법원 안동지원 2018.11.23 2018고단513
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of three years on October 25, 2017 by imprisonment with prison labor for a violation of road traffic laws in the Daegu District Court's support on October 17, 2017, for the crime of violation of road traffic laws, etc., and the sentence becomes final and conclusive on October 25, 2017, and is currently under suspended sentence.

[Criminal facts] On July 15, 2018, the Defendant driven B rocketing car from approximately 111km to the roads adjacent to the Sindong-si, Gyeongcheon-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do without a vehicle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger and the driver's license ledger;

1. Reporting of internal accidents (Confirmation of the distance from driving);

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), report on investigation (prior convictions and report on the same records as those of the suspended sentence);

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding criminal facts, and Article 152 Subparag. 1 and Article 153 of the Act on the Direction of Punishment for the Reasons of the Punishment of Imprisonment, the Defendant was sentenced to a fine of four times by driving without the same license or driving under drinking, and the Defendant was punished once a suspended sentence. In particular, even though the aforementioned suspended sentence was detained due to drinking driving in 2017, the Defendant committed the instant crime during the period of suspended sentence.

In addition, the defendant has been punished several times, including punishment for a crime of double species.

Considering these circumstances, it is inevitable to severely punish the accused.

However, it shall be considered that the circumstances favorable to the defendant, such as the fact that the defendant has recognized and reflected the defendant's mistake, and the occurrence of traffic accidents due to driving without a license, etc., are considered, and the defendant's age, sex, environment, family relationship, circumstances after the crime, and all the circumstances revealed in the trial process, such as the circumstances after the crime, shall be determined as ordered

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