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(영문) 대구지방법원 2015.10.29 2015고단3671
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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 July 23, 2015, at around 17:05, the Defendant driven a car with a motor vehicle without obtaining a driver's license from approximately 400 meters section from the front side of the Geumcheon-si, Geumcheon-si to the front side of the water station in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the driving license ledger;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service, and lecture attendance order is that the Defendant committed a second offense without being aware of the history of punishment (five times a fine and one time a suspended sentence) due to driving multiple times, and thus, the corresponding punishment is needed.

However, the sentencing conditions, such as the motive, means and result of the crime of this case, the circumstances after the crime of this case, the age, character and conduct of the defendant, family environment, etc. shall be determined as ordered by considering the following factors.

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