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(영문) 대구지방법원 2018.04.05 2018고단231
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

1. On December 14, 2017, the Defendant: (a) driven a motor vehicle from the front side of the C cafeteria located in the Gyeongbuk-gun, Gyeongbuk-gun, around 01:25 around December 14, 2017 to the front side of the D apartment without obtaining a driver’s license from around 500 meters.

2. On January 8, 2018, the Defendant driven a motor vehicle from around 300 meters to the small bath parking lot located in approximately 46, a 300 meters away from the road in front of the station in the vicinity of the west-gun, Gyeongdong-gun, Gyeongdong-gun, Gyeongdong-do, to the end of 8-ro 10,00, in the center of the west-gun, Gyeongdong-gun, Gyeongdong-gun, and without obtaining a motor vehicle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

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

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined in full view of the following circumstances: (a) the age, sex, family, family relationship, home environment, motive and means of the crime, circumstances after the crime, etc. of this case; and (b) the various sentencing conditions as shown in the records and arguments of this case.

Disadvantageous circumstances: The defendant had a history of punishment for driving without a license, etc., but has also been driving without a license.

A favorable normal condition: The defendant recognizes his mistake and is against his will.

Defendant would not drive without a license again.

There are many things.

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