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(영문) 대구지방법원 포항지원 2017.01.25 2016고단797
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

Around 06:20 on May 1, 2016, the Defendant driven a Bknife car without a driver’s license on the front side of the hotel, regardless of whether it is in the Dobong-dong in Daegu-gu, Daegu-gu, and on the front side of the hotel, up to about 10km in the Dodong-gu, Daegu-gu, Daegu-gu.

On September 28, 2016, the Defendant 1491, around 10:15 on September 28, 2016, the Defendant driven a Bkn-P car without a vehicle driver’s license at a section of approximately 100 meters to the intersection of the front distance of the elementary school at the center of the port of the same port of the same Gu, after the 100-day-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report of the occurrence of the case, and detection and report of the suspected violation of road traffic laws (unlicensed driving);

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

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the fact that the driver committed a non-licenseless driving in the same vehicle again despite being indicted due to the detection of a non-licenseless driving for the reasons of sentencing in Article 62-2 of the Criminal Act; (b) three times a non-licenseless driving; (c) a previous conviction, such as drinking driving twice a drinking driver;

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