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(영문) 대구지방법원 포항지원 2016.01.27 2015고단1287

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 12, 2015, the Defendant driven a B low-speed car without obtaining a driver’s license from the section of about 10 km up to the front road of the branch school, which is located in the east-dong in the east-dong in the east-dong in the east-dong in the east-dong in the east-dong in the east-dong in the east-dong in the east-dong in the East Sea

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection and Observation, etc. of Community Service Orders and Order to Attend Education, and Article 62-2 of the Criminal Act, is that the Defendant engaged in driving without a license even though he/she has the ability to be punished due to drinking or non-licensed driving.

However, the sentencing conditions, such as the circumstances after the crime, the defendant's age, sexual conduct, family environment, etc., shall be determined in full view of the fact that the defendant fully recognized the crime of this case, there is no record of punishment exceeding the fine, and the means and result of the crime of this case.