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(영문) 대구지방법원 2015.04.23 2014고단6324
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 19, 2014, the Defendant driven a 100-meter Category C SM5 car at the front of the Dalsung-dong located in Daegu Northern-dong without obtaining a driver's license on November 19, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report or a traffic accident report (1) (1).

1. Application of the statutes on the register of driver's licenses;

1. The reason for sentencing under Article 152 subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act for criminal facts and Article 152 (Selection of Imprisonment) of the Road Traffic Act, even though the defendant had been punished eight times due to unauthorized driving (six times a fine and two times a suspended sentence), he also committed the crime of this case.

In particular, on March 27, 2012, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act (unlicensed Driving) by the Daegu District Court, and was sentenced to a suspended sentence of two years for the same crime committed during the appellate trial.

Nevertheless, in light of the fact that the defendant committed the crime of this case even during the period of suspension of execution, it is inevitable to sentence the defendant as a sentence.

However, the punishment as ordered shall be determined in consideration of the fact that the defendant recognizes and reflects the crime, and other various sentencing factors recorded in the records, such as the age, health status, character and conduct, environment, and circumstances before and after the crime.

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