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(영문) 대구지방법원 서부지원 2016.08.04 2016고단826
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

【Criminal Force” On March 3, 2016, the Defendant was sentenced to a two-year suspended sentence of one-year imprisonment with 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 (Non-licensed Driving) in the Seo-gu District Court Branch Branch of the Daegu District Court, and the judgment became final and conclusive on March 11, 2

【Criminal Fact-finding without a driver’s license, the Defendant driven C truck from February 23, 2016 to February 09:15, 09:00 to February 25, 2016, on the front side of the Daegu Southern Middle School located in Seogu-gu, Seogu, Daegu High School, and up to March 23, 2016, at approximately 1km of movable apartment in the same two kinds of Dong-dong, to

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and inquiry letter of driver's license;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report attached to the judgment, such as a suspect's drinking driving, unlicensed driving, etc.);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, provided that the reason for sentencing under Article 39(1) of the Criminal Code has been sentenced to multiple punishments due to the same kind of crime, and in particular, the crime of this case is committed while being tried due to a violation of traffic law (unlicensed driving) as stated in the previous judgment, it is deemed that the sentence of sentence against the defendant is inevitable.

Accordingly, the sentencing conditions such as the defendant's age, sex, environment, and circumstances after the crime shall be determined as ordered by comprehensively taking into account the following factors: (a) the defendant led to the confession of the crime; (b) the background leading up to driving without the defendant's license; (c) the distance from driving without the driver's license; and (d) the case where the judgment of the previous crime in the concurrent relationship with the latter after Article 37 of the Criminal Act was rendered simultaneously;

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