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(영문) 대구지방법원 김천지원 2017.10.18 2017고단960
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 24, 2017, the Defendant driven a b-wing truck without obtaining a driver’s license from around 2 km to the white studio in the Gu-si, Seoul Special Metropolitan City, and from around 11:40 to the 2km road in the same Dong-si via the agricultural market in the same Dong-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Selection of punishment for a crime under subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, or selection of imprisonment with prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing) of the suspended sentence is that the Defendant was sentenced to a suspended sentence of two years on April 17, 2013 by road traffic law violations (licenseless driving) in the Daegu District Court Kimcheon Branch of the Daegu District Court on April 17, 2013, and had been sentenced to a suspended sentence of six times due to the act of violating road traffic law, etc., but again committed the instant crime, at a disadvantage, such as the fact that the Defendant had been sentenced to a suspended sentence of six times due to drinking, driving without a driver’s license, etc., while taking into account the favorable circumstances, such as the Defendant’s age, sexual behavior, environment, and the circumstances after the instant crime, the sentence is determined as per the disposition

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