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(영문) 대구지방법원 영덕지원 2013.07.17 2013고단93
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On March 13, 2010, the Defendant, without a driver’s license on March 21, 2010, driven a vehicle of approximately 1.5 km B Ampp-p-p-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Each entry in the traffic accident occurrence report, actual condition investigation report, photographs at the scene of accident, and the register of driver's license, or the application of visual Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. The Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, committed the instant crime of the same kind in the course of driving, even though he/she had the record of being punished once (700,000 won of fine) and twice (700,000 won of fine, and one million won of fine) due to the crime of violation of the Road Traffic Act (driving without a license). In addition, the Defendant committed the instant crime of the same kind in the course of driving.

Considering these circumstances, it is necessary to sentence the defendant more severe punishment than the previous one.

However, the sentencing conditions favorable to the defendant, such as the fact that the defendant has no history of punishment heavier than the fine, and the fact that the defendant reflects on the crime of this case, etc. shall be determined as the same as the order in consideration of the conditions of sentencing favorable to the defendant, the age, character and conduct of the defendant

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