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(영문) 대구지방법원 안동지원 2018.04.27 2017고단852
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 19, 2017, the Defendant driven, from the Central Highway (Happing) Dong-dong Office located in the Do-dong Office of Daegu to the point of 127 km from the Do-dong Office of the Do-gu, Daegu-gu to the 127 km away from the 27 km section of the car driver’s license, the Defendant driven the B-car not covered by mandatory insurance without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Motor vehicle driver's license ledger, mandatory insurance inquiry, and inquiry into the main office;

1. Application of Acts and subordinate statutes, reporting on the violation of road traffic law and the arrest of suspects who violate the guarantee of compensation for motor vehicles;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (unlicensed Driving), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 is that the defendant has been punished four times for a crime related to drinking or driving without a license and is disadvantageous to the defendant.

However, the defendant is currently recognizing and opposing his mistake.

No criminal punishment exceeding a fine shall be imposed for relevant crimes.

In addition to this, all the circumstances revealed in the trial process, such as the defendant's age, sex, environment, background of the crime, and circumstances after the crime, the punishment as ordered shall be determined.

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