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(영문) 대구지방법원 김천지원 2018.04.24 2017고단1745
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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, 2017, around 21:16, the Defendant driven a car at approximately 10km section from the front of the warehouse of the Yacheon-si, Kimcheon-si, Kimcheon-si, to the front of the store in the Gyeongcheon-si, Kimcheon-si, Kimcheon-si, without obtaining a driver’s license for a car at approximately 10km section from the front of the store in the Gyeongcheon-si, Kimcheon-si.

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 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been under criminal punishment four times for the same crime, the Defendant committed the instant unauthorized driving crime.

However, the defendant is re-competing.

A defendant has no record of criminal punishment exceeding a fine for the same crime.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

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