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(영문) 대구지방법원 2015.03.24 2014고단5442

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six 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

On September 25, 2014, at around 00:15, the Defendant driven CK7 vehicle from around 50 meters away from the 611-gu Jung-gu, Daegu-gu, to the front road of the 188 EM system, to the 188 EM system.

around 09:40 on December 7, 2014, the Defendant driven a vehicle CK7 car without a driver’s license on the section of about 44 km from the 44km to the point at which Busan located at the 47km from the Do in the south-si, Daegu-gu, Do to the Do in front of the Do in the Do in the Do in the Do in the Do in the Do in Busan-do.

Summary of Evidence

"2014 Highest 5442"

1. Defendant's legal statement;

1. "Register of driver's licenses";

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant Article of the Act on the Crime and the Selection of Punishment, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the Selection of Imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing under Article 62-2 of the Order to Provide community service and attend a lecture was that the Defendant was punished by a fine for a non-licensed driving in 2013, but on September 25, 2014. On December 25, 2014, the Defendant was under the criminal trial on the crime without a license on September 25, 2014, but was under the criminal trial on the crime without a license again without being aware of it, and the Defendant’s liability for the crime is not easy.

However, the sentencing conditions, such as the defendant's age, character and behavior, environment, and circumstances after the crime, shall be determined in consideration of the following: (a) the defendant's mistake is divided and reflected; (b) the previous one has no criminal record of a stay of execution or more; and (c) the other one is going not to drive without a license; and (d) the punishment shall be determined