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(영문) 대구지방법원 2016.02.16 2015고단6145

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

피고인은 2015. 11. 26. 21:00 경 자동차 운전면허를 받지 아니하고 경북 청도군 청도읍 고수리에 있는 아부지 뽈 찜 식당 앞 도로에서부터 같은 리에 있는 과선교 앞 도로에 이르기까지 약 150m 의 구간에서 B 포터Ⅱ 화물 차를 운전하였다.

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 under Article 62-2 of the Criminal Act is that the Defendant committed a second offense even though he/she had been punished for the same kind of crime several times, 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.