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(영문) 대구지방법원 2017.08.01 2017고단2616
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

around 09:45 on May 2, 2017, the Defendant driven CA car with approximately 300 meters up to 300 meters prior to the dong-gu Daegu-dong market located in Daegu-dong without a driver's license on May 2, 2017.

Around 14:45 on June 8, 2017, the Defendant driven a motor vehicle without obtaining a driver’s license from the front side of the X-gu, Daegu Northern-dong to the front side of the Gapy-dong located in the same Gu-dong from around 500 meters away from the front side of the Gapy-dong.

Summary of Evidence

"2017 Highest 2616"

1. Statement by the defendant in court;

1. "Inquiry into the ledger of driver's licenses" 2017 high group 3173;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on license ledger;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act with regard to community service and order to attend a lecture, the sentencing conditions indicated in the records of this case, such as the age, sex, family relation, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

In the past, even though there has been a history of punishment for non-license or drinking driving on several occasions, the defendant committed this case, and in particular, he committed an additional crime after the prosecution of the previous case was instituted.

A favorable normal situation: The defendant does not again commit the same crime.

It shows a consistent and reflect attitude.

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