logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2017.02.08 2016고단1414
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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 August 29, 2016, at around 10:30, the Defendant driven a Category C cargo vehicle without the driver’s license from the front road of Mart to the front road of the Yellow Dokdong located in the same Siknsan-si, Mat-si, Sinsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on the ledger of driver's licenses and the details of revocation of driver's licenses;

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 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Orders to Provide community service and attend lectures, the Defendant had been punished five times (three times a punishment, three times a suspended sentence, and two times a suspended sentence) by driving without a license since 2002, and in particular, on October 14, 2014, the Defendant was sentenced to a suspended sentence of two years for the same vehicle during the suspended sentence of eight months and committed the instant crime under the same vehicle during the suspended sentence of two years for committing a violation of the Road Traffic Act (or a non-licensed driving) in the Daegu District Court Kim Jong-cheon branch of the Daegu District Court on October 14, 2014;

Considering the unfavorable circumstances, there is sufficient need to punish the defendant.

However, it is reasonable to consider the favorable circumstances, such as the fact that the defendant recognizes the facts charged and reflects the facts charged, that does not cause other damage such as traffic accidents, that the vehicle driven at the time of the crime of this case is disposed of, and that there is no record of punishment exceeding the suspended execution.

In addition, taking into account the various circumstances that form the conditions for sentencing as shown in the records of this case, such as the defendant's age, sex, environment, etc., the punishment shall be determined as ordered.

arrow