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(영문) 대구지방법원 안동지원 2015.07.24 2014고단549
도로교통법위반(무면허운전)
Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That 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 April 20, 2014, the Defendant, without obtaining a driver’s license on April 20, 2014, driven B K5 cars from the 3rd Dol-ri to the front road of the “Local Goods Public Security Center” located in Young-gun, Young-gun, 7175, the post-ri Dol-ri, Young-gun, Seopo-ri.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A driver's license inquiry;

1. Statement of the enemy;

1. Application of Acts and subordinate statutes to report the situation of driving without a license;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. The distance from driving without a license for sentencing under Article 62(1) of the Criminal Act is short, and it is inevitable for the defendant to sentence imprisonment with prison labor because he/she has a record of punishment for the same kind of crime;

However, the defendant has not been punished for the same crime, and has not caused a traffic accident while driving.

In light of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the sentence like the order was determined and the suspended sentence was selected.

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