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(영문) 대구지방법원 상주지원 2017.03.21 2017고단8
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 19, 2016, the Defendant driven a motor vehicle B, with no driver’s license, from the central market located at the center of literature-si around 21:00 to the front of the Gyeong-si General Ka Center located in the Gyeong-si Gyeong-si.

2. On August 29, 2016, at around 09:55, the Defendant driven a car with B, without a vehicle driver’s license, from around approximately 2 km to the front of the calendar security center located in male-dong at the time of stay at the time of stay.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Reporting on occurrence of a case under any provision of the Road Traffic Act;

1. The application of Acts and subordinate statutes to inquiries into the ledger of driver's licenses, the details of inquiries into the ledger of driver's licenses, and the register

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with concurrent crimes as provided for in the crimes of Violation of Road Traffic Act (Unlicensed Driving) around August 29, 2016, heavy penalty for concurrent crimes];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant was punished for the reason of sentencing Article 62-2 of the Criminal Act regarding the operation of automobiles over several times.

In particular, it was discovered on August 19, 2016 by driving without a license, which was sentenced to a summary order on July 2016.

In addition, the defendant has been driving without a license in addition to the defendant's non-exclusive week.

Now, it seems that the defendant's severe punishment is inevitable.

However, since 2000, the Defendant did not have been sentenced to a suspended sentence or heavier punishment for a crime related to automobile operation, considering favorable circumstances such as recognizing and reflecting the instant crime, and the Defendant’s age, family environment, and circumstances before and after the instant crime.

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