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(영문) 대구지방법원 안동지원 2016.06.21 2016고단234
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 April 8, 2016, the Defendant, without obtaining a driver's license for a motor vehicle from around 19:50 to around 16 km away from the front day of the school of the Hancheon-dong Co., Ltd., which is permanently in the permanent city of permanent residence, through the parking lot of the Gansung Hospital located in the salary-gu in the Gancheon-gun of the Gancheon-gun, the Defendant driven approximately 16km from the front day of the school of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, even though the Defendant had already been subject to criminal punishment on several occasions due to drinking or unlicensed driving, he/she again driven without a license for a relatively short period of time.

In this case, the defendant recognized and reflected the crime.

In addition, the punishment as ordered shall be determined by comprehensively taking account of the defendant's age, family relations, and other various sentencing conditions, and community service and lecture attendance order shall be added with a relatively long grace period in consideration of the risk of recidivism.

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