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(영문) 대구지방법원 2016.01.14 2015고단5111

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 8, 2015, the Defendant driven, without the driver’s license of a vehicle around 10:25, 500 meters, the last vehicle of B New Body was 50 meters in front of the Daegu Northern Cargo Terminal, as the center of the 77 Daegu Northwest-do apartment in front of the apartment site located in 25 large-scale, Daegu North Korea-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. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant had been punished for the same kind of crime several times, but has committed a second offense, so the corresponding punishment is needed.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's motive, means and result of the crime of this case; circumstances after the crime of this case; the defendant's age, sexual conduct, family environment, etc.; and the motive, means and result thereof; and the punishment shall be determined as ordered.