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(영문) 대구지방법원 포항지원 2018.11.01 2018고단1079
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 28, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle at around 09:50, run a B-low motor vehicle at the 1km section of approximately 1 km from the 527 Do in front of the branch church of the Dong-dong, Daegu Port Highway 68 Do in the same Dong-gu, Dong-dong to the 68 Do in front of the Do.

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. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with labor (to consider that there exists a criminal history of repeatedly driving without a license five times or more even though the driving license is not acquired);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1) (including the fact that there is no criminal history exceeding a fine; 2.0

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