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(영문) 대구지방법원 김천지원 2017.02.08 2016고단1443
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 11, 2016, the Defendant, at around 17:15, driven a B-man car from around 200 meters away from the road to the front road of the mother elementary school located in the Gu-si, Si-si, Gu-U.S., and then drive a B-man car without the driver’s license from the road to the front road of the mother elementary school located in the Gu-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of statutes on the ledger of driver's licenses and the details of revocation 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 a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act - The defendant was punished by a fine on November 26, 2013, on which his/her driver’s license was revoked due to excess of the given points on May 12, 2014; and on December 7, 2014; and on October 5, 2015.

In addition, the defendant has been punished for juvenile protective disposition or a fine due to drinking driving without a license.

- The defendant reflects his wrongness.

There is no record that the defendant has been punished for the same crime.

- Other conditions of sentencing specified in the arguments of this case, such as the age, sex, environment, and circumstances after the crime, shall be determined as ordered in consideration of the various sentencing conditions shown in the arguments of this case.

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