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(영문) 대구지방법원 안동지원 2016.08.19 2016고단470
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 April 22, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle around 14:03, driven the C Poter Cargo at approximately 15 K K from the front road of Ansan-si to the front road of the Dong-dong located in the same Si/Do-dong.

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act regarding the order to provide community service and attend lectures has already been subject to criminal punishment on several occasions due to driving without licenses, and the Defendant once again drives without licenses.

The defendant seems to have continuously driven a driver's license even though he did not have obtained the driver's license.

In this case, the defendant recognized and reflected the crime.

In addition, the punishment as ordered shall be determined by comprehensively taking account of the defendant's age, family relations, and other various sentencing conditions, and community service and lecture attendance order shall be added with a relatively long grace period in consideration of the risk of recidivism.

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