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(영문) 대구지방법원 안동지원 2017.11.24 2016고단757
도로교통법위반(무면허운전)
Text

1. The punishment of the accused shall be four months of imprisonment;

2. Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final;

Reasons

Punishment of the crime

On October 10, 2016, the Defendant, without obtaining a driver’s license on a motor vehicle from around 10:40 on October 10, 2016, driving a motor vehicle with B Coin in the section B at approximately 5km from the direction of the market to the front road of the market.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. Application of Acts and subordinate statutes to report internal investigation;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the Defendant, who was punished twice due to the crime of driving without a license, committed the instant crime in spite of the fact that the Defendant had been punished for traffic-related crimes.

This is an unfavorable circumstance to the defendant.

The Defendant led to confession and reflect on the crime of this case.

This is favorable to the defendant.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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