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(영문) 대구지방법원 2016.01.14 2015고단4569
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to 6 months of imprisonment with labor for a violation of the Road Traffic Act (drinking) at the Daegu District Court on May 3, 2000, 200, 2 million won of a fine for a violation of the Road Traffic Act (drinking) at the Changwon District Court on December 8, 2003, 4 million won of a fine for a violation of the Road Traffic Act at the Daegu District Court on August 10, 201, 200, 2 million won of a fine for a violation of the Road Traffic Act (dacting) at the Daegu District Court on September 2, 201, and 2 million won of a fine for a violation of the Road Traffic Act (dacting) at the Daegu District Court on May 29, 201, and 2 million won of a suspended sentence for six months of imprisonment with labor for a violation of the Road Traffic Act (dacting) at the Daegu District Court on May 29, 2014.

[2] On March 27, 2015, the Defendant, without obtaining a driver’s license of a motor vehicle on March 27, 2015, driven a 5 kilometer XG motor vehicle from the front of the influent restaurant near the influent public market near the influent city in Busan-si, to the front of the influence cafeteria, the volume of which is about 5 kilometers from the front of the influent restaurant near the influent public market in the Sincheon-si, Sucheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Quantity is that the Defendant was punished on several occasions by drinking or driving without a license (five times a punishment, five times a suspended sentence, one time a suspended sentence, and one time a suspended sentence), but as such, it is inevitable to punish the corresponding person.

Furthermore, the Defendant’s crime of this case was committed during the suspended execution period after the Defendant was sentenced to suspended execution on the same kind of crime.

(b).

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