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(영문) 대구지방법원 2017.07.13 2017고단2621

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for four 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 April 10, 2017, around 13:50, the Defendant driven a CKaren car not covered by mandatory insurance without obtaining a driver's license from around 2 km to the front road of the Daegu Northern-gu, Daegu Northern-gu, 101 liven City, the 101 lives South-ro, the 101 lives, and the front road of the 101 lives.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the motor vehicle driver's license ledger, vehicle inquiry, and mandatory insurance inquiries;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (unlicensed Driving), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the choice of imprisonment, respectively;

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

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 with regard to community service and order to attend a lecture, the sentencing conditions indicated in the records of this case, such as the age, sex, family relation, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

In the past, even though there has been a history of punishment due to a license without permission or a drinking driving, the defendant has committed the crime of this case.

A favorable normal situation: The defendant does not again commit the same crime.

It shows a consistent and reflect attitude.