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(영문) 대구지방법원 포항지원 2018.12.06 2018고단1159

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 15:45, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a B-learning motor vehicle at approximately 4 km away from the rest area in the 3260-Gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-gu, Gyeongnam-gun, Gyeongnam-do, Gyeongnam-do, Gyeongnam-do, Gyeongnam-do, 3763, in the East Sea, to the road in front of the rest area.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. Selection of a sentence of alternative imprisonment (in 2001, considering the fact that the instant crime was committed without weight despite the punishment of four times repeatedly or a fine for driving without the driver's license, since the driver's license was revoked, without obtaining the driver's license in 2001);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Do1149, Jun. 1, 2011)