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(영문) 대구지방법원 2017.06.08 2017고단1383
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 15, 2017, at around 10:00, the Defendant driven a car between B and B without obtaining a driver’s license from a section of about 150 meters from the front of the sea restaurant to the front of the gold shed located in the same Ri, located in the city of Jin-Eup, Jin-si, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on license ledger;

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. 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 sentencing conditions indicated in the records of this case, such as the age, sex, family, family relation, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view of the following circumstances:

Unfavorable circumstances: The defendant committed the crime of this case again during the period of suspension of execution due to the same crime.

A favorable circumstance: The defendant has not committed a unauthorized driving before being sentenced to the above suspended sentence.

The defendant again does not commit the same crime.

It shows a consistent and reflect attitude.

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