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(영문) 대구지방법원 김천지원 2016.06.01 2016고단120
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 29, 2016, at around 04:55, the Defendant driven a Banco truck without obtaining a driver's license from a section of approximately 250 meters from the front day of the Hopart Park-dong, which is located in the Gu-U.S. Sim-si, to the third day of the Korea Hospital located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make an inquiry into the circumstances of driving without a license, the ledger of driver's licenses, and the main office;

1. Selection of punishment for a crime under subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, or selection of imprisonment with prison labor;

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, even though the Defendant had already been punished several times due to drinking driving, unlicensed driving, etc., the Defendant committed the instant crime, and it is inevitable to punish the Defendant significantly.

However, considering the fact that the defendant repents the defendant's mistake, the fact that the defendant has no record of the same punishment exceeding the fine, etc. in favor of the defendant, the circumstances are considered as favorable to the defendant, and the records of this case, such as the defendant's age, environment, sex behavior, motive and means of the crime, and circumstances after the crime, and all the sentencing factors in the theory of the change shall be determined as ordered.

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