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(영문) 대구지방법원 김천지원 2016.10.26 2016고단751
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 09:50 on June 15, 2016, the Defendant driven a freight vehicle with approximately 2 km from the front of the polytex University located in the Dong-dong of the Simsi-si to the front of the Simsi-dong fishing in the Simsi-dong without the car driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, disqualified meetings of the main office, and disposition for cancellation;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment for a crime;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the Defendant’s experience of being sentenced to a fine of six times due to drinking alcohol and driving without a license. In particular, the Defendant committed the instant crime even though his/her driver’s license was revoked due to drinking driving in 2015, etc., under the circumstances unfavorable to the Defendant, such as the fact that the Defendant recognized the crime and did not drive without license in the future, and that there was no record of being punished exceeding the fine for the same kind of crime, etc., the circumstances favorable to the Defendant shall be taken into account, and the sentence shall be determined as ordered, taking into account all other circumstances, such as the Defendant’s age, character and behavior, and environment, which are the conditions

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