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(영문) 대구지방법원 포항지원 2018.03.15 2017고단1557
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 15, 2017, the Defendant driven a B1 ton cargo vehicle at a 1 km section from the front of the Green Care Center located at the center of Posi-gu, Northern-si to the front of the Green Care Center or from around the veterinary hospital at the port, without obtaining a driver's license for a motor vehicle at around 10:20 on November 15, 2017.

1. Statement by the defendant in court;

1. Reporting on detection of any violation of the Traffic Act (non-licenseed driving);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. Selection of an alternative imprisonment with prison labor (it shall be taken into consideration the circumstances, such as again leading to the instant crime despite the past record of punishment for driving without a license or driving under drinking, even though having been punished several times);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act on the following grounds: (a) The state of health of the defendant and his wife is not good; (b) there is no record of punishment heavier than the fine; and (c)

1. An order to attend a course under Article 62-2 of the Criminal Act;

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