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(영문) 대구지방법원 2016.05.12 2016고단1074
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 11, 2016, at around 09:50, the Defendant, located in Seogu-gu, Seo-gu, Daegu, driving a Gyeong-do-dong from the front of the Defendant’s house to the seat point of about 131km in Busan-do-dong, Busan-do-dong, without obtaining a driver’s license for a motor vehicle from around 5 kilometers in approximately 131km.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Although the reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, inasmuch as the Defendant again committed the instant crime even though he had been punished several times due to driving without a license, the liability for the instant crime is denied, the Defendant’s confession of the instant crime and reflects his wrongness, and the Defendant has no criminal record of suspended sentence or heavier punishment, and the Defendant’s age, sex and behavior, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, etc. are considered as the conditions for sentencing specified in the instant pleadings, such as the following circumstances.

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