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(영문) 대구지방법원 안동지원 2018.09.07 2018고단356
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 21, 2018, around 10:33, the Defendant driven Dunst Motor Vehicle without the driver’s license in approximately 8 km section before the international agricultural machinery winging agents located in 1089, the Do in front of the residence in C at permanent residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative into the ledger of driver's licenses, chassis, and establishment of the main office;

1. Application of Acts and subordinate statutes to arrest and report cases;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation, had had the record of being punished twice a fine due to driving without a license, and committed the instant crime by driving the same vehicle at the same time.

However, the defendant reflects his mistake and does not repeat his offense.

The defendant has no criminal records of suspended execution or more.

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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