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(영문) 대구지방법원 2019.01.10 2018고단5001
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 2, 2018, at around 06:20, the Defendant driven a Frane-car without obtaining a driver’s license from the front of the “C” located in Cheongdo-gun B, Cheongdo-ro, 214, via the Cheongdo-ro, Cheongdo-Eup, Cheongdo-ro, Cheongdo-ro, and the front of the “E” located in the same Gun D, to approximately 25km.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant committed the instant crime at the same time despite the fact that he/she had been subject to a suspended sentence of imprisonment on two occasions due to driving without a license and a five-time fine: The circumstances favorable to the charge of the instant crime are recognized and reflected; the defendant's age, character and behavior, environment, family relationship, motive and consequence of the instant crime; and the punishment shall be determined as ordered, taking into account the various circumstances shown in the pleadings of the instant case, such as the defendant's age, character and behavior, family relationship, motive and consequence of the instant crime

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