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(영문) 대구지방법원 김천지원 2016.05.18 2016고단33

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four 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 22, 2015, at around 04:00, the Defendant driven a B observer car without a driver’s license from the distance of about 1 k meters from the front of the apartment on the world, which is located in the south-si, Sin-si, Seoul Metropolitan City, to the front of the fishery market at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes to the situation report on driving without licenses, 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, even though the Defendant had already been punished several times due to drinking driving, unlicensed driving, etc., the Defendant committed the instant crime, and it is inevitable to punish the Defendant significantly.

However, considering the fact that the defendant recognized the facts charged in this case and against the defendant, the fact that the defendant has no record of the same punishment exceeding the fine, etc., the circumstances favorable to the defendant, such as the defendant's age, environment, sexual conduct, motive and means of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the records and theories of the crime.