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(영문) 대구지방법원 2017.09.14 2017고단3828
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 9, 2017, the Defendant, without a driver’s license of a motor vehicle on June 19, 2017, driven Bchier XG motor vehicles on the front road of the Daegu Jung-gu, Daegu-gu, as well as on the front road of the 2125 new Bank Enterprise Finance Center, around approximately 1 km.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on accompanying a person suspected of violating the Road Traffic Act;

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

1. The relevant legal provisions and Articles 152 subparag. 1 and 43 of the Road Traffic Act regarding criminal facts, the choice of imprisonment (the Defendant is punishable by a fine of 1.5 million won due to a driving under the influence of alcohol in 2004, a fine of 1.5 million won due to a driving under the influence of alcohol in 2008, a fine of 2 million won due to a driving under the influence of alcohol in 2009, a fine of 3.5 million won due to a driving under the influence of alcohol in 2010, a fine of 4 million won due to a driving under the influence of alcohol and without a license in 201, a fine of 1 million won due to a driving under the influence of alcohol and without a license in May 201, a fine of 200 million won due to a driving under the influence of alcohol in 200 million won in 200, a fine of 3.5 million won in 201, a fine of 5 million won in 201.

There are no circumstances to consider the circumstances in light of the circumstances and motive that the defendant would drive this case without a license.

1. Article 62(1) of the Criminal Act (No circumstance exists that could cause harm to traffic at the time of the instant case).

The defendant sells the franchising vehicle, etc., which seriously reflects his fault, and does not repeat again in the future).

1. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. (this case is recognized to require systematic treatment in society, such as community service and attending lectures, due to a violation of serious traffic regulations, such as unlicensed driving, etc., so the possibility of improvement of defendants, seriousness of crimes, etc. shall be determined as the same as the order);

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