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(영문) 대구지방법원 김천지원 2017.01.12 2016고단1376

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 July 27, 2016, the Defendant driven a B-II cargo vehicle from the front side of the B-II apartment road located in the Busan Northern-dong, Daegu Northern-do to the front side of the B-II road located in the Gyeongcheon-gun, Gyeong-do, Daegu-gu, Incheon-do, without a driver's license, from the front side of the B-II truck to the front side of 148 km.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. Application of statutes on the ledger of driver's licenses and the details of revocation of driver's licenses;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. In light of the fact that a person repeatedly drives without a license for drinking alcohol during the short-term period of sentencing under Article 62-2(1) of the Social Service Order Criminal Act, and even after having been sentenced to a fine, he/she is driving without a license, he/she shall be selected to be sentenced to imprisonment in consideration of the fact that he/she has been convicted of the previous criminal records and mistakes, and the sentencing conditions specified in the instant arguments, such as the defendant's family relation, are comprehensively considered.