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(영문) 대구지방법원 김천지원 2016.11.23 2016고단865
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

At around 19:50 on May 9, 2016, the Defendant driven a car without the driver’s license in a section of about 5 km from May 19, 2016 to the front of the same city-dong-dong-dong-dong road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of the ledger of driver's licenses and the details of disposition for cancellation thereof;

1. Relevant Acts concerning criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act.

1. Article 62 (1) of the Criminal Act;

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act was already punished 6 times by a fine of 6 times due to the violation of the Road Traffic Act and the violation of the Road Traffic Act. The defendant has also been punished by a fine of 6 times. Since the defendant's failure to drive without a license is not eradicated even in the prior place of the repeated fine, it is necessary to strictly punish the defendant.

However, the defendant's mistake is divided and again does not repeat again, taking into account favorable circumstances such as the fact that the defendant has no criminal record of the same kind of probation or higher, and taking into account the age, character and conduct of the defendant, motives of the crime and circumstances after the crime, etc., all other circumstances which form the conditions for sentencing specified in the arguments of this case, such as the defendant's age, character and conduct, motive of the crime,

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