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(영문) 대구지방법원 김천지원 2016.04.14 2016고단78
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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 December 19, 2015, at around 16:25, the Defendant driven a motor vehicle at approximately 15 km section from the road located in Guro-si B of the same city to the front of the oil station in the same city, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

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

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 (the following extenuating circumstances in favor of the reasons for sentencing);

1. The risk of re-offending is very high in view of the following: (a) Defendant’s reason for sentencing under Article 62-2(1) of the Social Service Order Act has repeateded driving without licenses; and (b) due to such repeated being sentenced to a fine on several occasions.

However, the sentencing conditions shown in the arguments of this case, such as the confession of the crime of this case and the violation of the law, the fact that there has been no record of punishment exceeding the fine, the defendant's age, family relationship, etc., shall be comprehensively taken into account, and the punishment shall be determined as ordered and the execution of the sentence shall be suspended on the condition

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