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(영문) 대구지방법원 안동지원 2016.04.15 2016고단22
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 November 11, 2015, the Defendant driven the freight vehicle B from approximately 8 km to B, from the 17:00 on the road adjacent to the IC to the same sular distance.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again commits the instant crime even if he/she was sentenced to a fine four times due to drinking, driving without a license, etc., and thus, the nature of the crime is bad.

However, it shall be decided as per the disposition in consideration of the fact that there is against the mistake and there is no record of punishment exceeding the fine.

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