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(영문) 대구지방법원 김천지원 2016.04.28 2016고단138
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 16, 2016, the Defendant driven a B-sum e-car without obtaining a driver's license from a section of approximately 200 meters up to the road located in the 7-ro 7-ro of the same city on the roads in front of remaining sugar located in the Dong of the Gu-si, Gu-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of statutes on the ledger of driver's licenses and the details of revocation of driver's licenses;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act was already sentenced to a fine of three times due to drinking or non-licenseless driving, and the Defendant was under the control by driving without a license for drinking, and was sentenced to a suspended sentence of imprisonment with prison labor as a result of forging the document under his/her name.

However, there is no previous conviction other than those related to driving without a license for drinking, and there is no previous conviction for five years from the judgment of the suspension of the above execution until the crime of this case.

In addition, the punishment as the disposition shall be determined by comprehensively taking into account the defendant's age and family relations, and the protection observation and community service order shall be added with a relatively long grace period in consideration of the risk of recidivism.

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