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(영문) 대구지방법원 서부지원 2018.03.27 2017고단1792
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

around 13:55 on July 14, 2017, the Defendant driven a ES3 car from around 200 meters to the front road of the D convenience store located in the Seo-gu, Seo-gu, Daegu-gu, Daegu-si, without obtaining a driver’s license.

On July 20, 2017, the Defendant driven a ES3 car without obtaining a driver's license from around 00:05 on July 20, 2017 to about 1km-ro, Seogu, Seo-gu, Seogu, Seo-gu, Seo-gu, Seo-gu.

Summary of Evidence

"2017 Highest 1792"

1. Statement by the defendant in court;

1. The driver's license ledger, inquiry into shootings with the main office, and inquiry into the enemy group of 2017, 1835;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, letter of inquiry into the main office, and letter of inquiry into the enemy;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, and the selection of imprisonment, respectively;

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. The reasoning for sentencing under Article 62(1) of the Criminal Act requires the punishment of a criminal defendant for the same kind of crime. However, considering all circumstances, such as the fact that the criminal defendant recognized his/her mistake and reflects the criminal defendant, and that the criminal defendant has no record of punishment heavier than that of the suspension of execution, the sentence is ordered as per Disposition.

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