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(영문) 대구지방법원 포항지원 2018.06.15 2018고단439

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

[criminal history] On June 9, 2017, the Defendant received a summary order of KRW 2 million from the same court as a crime of violating road traffic laws (unlicensed driving) in the port support of the Daegu District Court on the following grounds: (a) a fine of KRW 3 million was imposed; and (b) a fine of KRW 2 million was imposed on September 1, 2017 by the same court.

[Criminal facts] On April 13, 2018, the Defendant driven a gallon vehicle with no driver’s license from around 50 meters to around 236 meters from the 15-54, South-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, 15-54, North Korean-si, North Korean-si, North Korean-do, to the front road of the vehicle, and drive a gallon vehicle without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of the same kind of force),- Application of summary order two Acts and subordinate statutes;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture is that the defendant committed the third without a license after his/her license was revoked due to drinking, taking into account the circumstances favorable to the defendant's oppositeness, and taking into account various factors such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. as ordered.