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(영문) 대구지방법원 경주지원 2016.03.17 2015고단887
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 becomes final and conclusive.

Reasons

Punishment of the crime

On October 2, 2015, at around 17:20, the Defendant driven a rocketing car from the restaurant of the “water tank,” which is located in the Chungcheongnam-dong, Chungcheongnam-do, and from around 1km to the front road of the “Seoul-si Village,” which is located in the seat of the racing-si, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

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

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

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. Although the sentencing of Article 62(1) of the suspended sentence under the Criminal Act was committed by a criminal defendant with the same kind of crime from February 2, 2008 to March 2015, the criminal defendant was punished three times, taking into account the fact that he/she committed the crime of this case, he/she is selected to be sentenced to imprisonment, but the criminal defendant again does not commit such crime while breaking his/her mistake.

The execution of the sentence will be suspended by taking into account various circumstances, such as the fact that the sentence is being in progress, and that there is a situation that is economically difficult even though it is being married.

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