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(영문) 대구지방법원 김천지원 2013.06.12 2013고단362

도로교통법위반(무면허운전)

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 25, 2013, at around 21:10, the Defendant driven a B B B-type car without obtaining a driver’s license from the front of the citizen playground located in the 277-dong, Young-si, Young-si to the front of the modern Materne in the Gumi-si, Gumi-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. The reasoning for sentencing under Article 62-2 of the Criminal Act is as follows: (a) although the defendant had a record of criminal punishment of a fine of KRW 700,000,000 due to an unlicensed driving, etc. on or around June 2001; (b) a fine of KRW 2 million due to a unlicensed driving, etc. on or around July 2002; (c) a fine of KRW 2 million due to a non-licensed driving, etc. on or around October 2009; and (d) a fine of KRW 3.5 million due to a non-licensed driving, etc. on or around September 201, the charges of the crime in the instant case are not less minor; (d) on the other hand, the defendant has no criminal record of the suspension of execution or more; and (e) he is expected not to drive without a license