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(영문) 대구지방법원 포항지원 2016.06.23 2016고단412
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 21, 2016, the Defendant driven Dunst Motor Vehicle without obtaining a driver’s license from around 5km to the front road of the community hall located in North-gu, North-gu, and the front road of the community hall located in the same Ri on March 21, 2016.

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. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. There are extenuating circumstances, such as the fact that a traffic accident is not caused by a merelessless driving of a license for the reason of sentencing selective sentencing of a sentence of imprisonment with prison labor, and the fact that a driver disposes of a vehicle with no license again because he/she would not drive a vehicle again while reflecting the mistake.

However, in light of the fact that the Defendant was sentenced to a suspended sentence where community service and lecture attendance order are added due to drinking or non-licenseless driving, and that the Defendant was underfinite without being able to do so during the limited grace period, and that there was a lot of history of punishment including driving-related crimes, it is necessary to punish the Defendant accordingly.

Specifically, in determining punishment, various sentencing factors indicated in the records, such as the defendant's age, sex, health status, environment, and circumstances before and after the crime, are considered in addition to the above circumstances.

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