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(영문) 대구지방법원 김천지원 2016.04.28 2016고단136
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 January 25, 2016, at around 20:05, the Defendant driven a B-do motor vehicle without obtaining a driver’s license from the front side of the south-do Office located in the Dong-dong of the Gyeonggi-do Office to the end of the 179-ro 1,000, from around 50 meters away from the front side of the 179-ro 1,000-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Sovereign photographs;

1. Application of statutes on the ledger of driver's licenses and the details of revocation 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 reasons for sentencing under Article 62-2(1) of the Criminal Act of the community service order are that the defendant has already been punished several times by drinking, driving without a license, etc., shall be considered.

However, there is no history of punishment exceeding a fine, and after around 2005, a punishment shall be determined as ordered in consideration of the various circumstances shown in the instant case, such as the absence of the same criminal record, and there is a reason to take into account the circumstances, so the execution of a sentence shall be suspended on condition of taking lectures.

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