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(영문) 대구지방법원 2016.03.17 2016고단129

도로교통법위반(무면허운전)

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A defendant shall be punished by imprisonment for not less than five 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 December 19, 2015, without a driver's license of a motor vehicle around 09:05, the Defendant driven a 20km truck on the one hand from the road located in 583 Yancheon-do, Chungcheongnam-do to the entrance of a bachelor's degree located in the Gyeongcheon-do, Chungcheongnam-do, Chungcheongnam-do, Gyeongcheon-do, Gyeongcheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the age, sex, family, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined in full view of the sentence as ordered.

In the past, even though there has been a history of punishment due to non-license or drinking driving, the defendant has committed this case.

A favorable normal situation: The defendant would not re-be forced to prevent re-offending.

It shows a consistent and reflect attitude.