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(영문) 대구지방법원 김천지원 2016.05.18 2016고단62

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

around 20:35 on January 2, 2016, the Defendant driven B T-Ra without a driver’s license on a section of approximately 100 meters from the front day of the Nowon-gu, Seoul Special Metropolitan City Nowon-gu to the front day of the gold market located in the same area.

around 20:40 on January 9, 2016, the Defendant driven a B Trate car without obtaining a driver’s license from the front side of the type South Korean elementary school in the Gu-U.S. Si-S. Si-S. Si-S. Si-S. Si-S. Si-S. Si-S. Si-S. Si-S. Si-S. Si-S. Si-S. Si-S. Si-S. Si-S. Si-S. Si-S. Si-S.

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. Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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. In light of the fact that the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Social Service and Order to Attend the Course of Education are several times with the same military force, the sentence as the order shall be determined by taking into account the fact that an accident occurs while driving without the license of this case, the Defendant’s age, health, and circumstances after committing the crime, etc.