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(영문) 대구지방법원 2017.04.20 2017고단462

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six 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

On December 10, 2016, the Defendant driven a B cater freight vehicle without obtaining a driver’s license from around 19:10 to around 300 meters away from the front road of the roof church located in the Dong-gu, Seoul Special Metropolitan City.

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 selected as a penalty.

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture seems to have been subject to nine times of punishment for traffic-related crimes (including two times of actual punishment, three times of suspended execution), and the fact that the Defendant committed the instant crime for a considerable period after being punished in 2012 is considered to have been well-grounded in the instant crime. The instant crime is simply non-licenseed driving, and the Defendant reflects the Defendant’s late crime, and other favorable circumstances, such as the Defendant’s age, sexual behavior, intelligence and environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., shall be determined by taking into account the various sentencing factors indicated in the instant argument, including the following circumstances.