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(영문) 대구지방법원 김천지원 2016.09.29 2016고단423
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 4, 2015, the Defendant driven a bareboat cargo vehicle without obtaining a driver's license from approximately 1 km section from the front of the river park located in the nature of the Gosi-Eup, Gosi-si around 23:30 on September 4, 2015 to the front of the sex reservoir in the same Ri.

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 and detailed statements of driver's licenses revocation;

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. Article 62-2(1) of the Social Service Order Criminal Act was already punished several times by reason of the sentencing, refusal of drinking alcohol measurement, etc., and was already punished by a fine not exceeding three times due to a licenseless driving. However, a person selected to be sentenced to imprisonment in consideration of the fact that he/she was driving without a license at the same time.

However, the execution of a sentence shall be suspended by taking into account the following factors: the fact that the crime is recognized and there is no yet less punishment than a fine, the defendant's age, occupation and living environment, etc.

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