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(영문) 대구지방법원 2016.02.16 2015고단6058
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On May 1, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Seo-gu District Court’s Seo-Support on May 1, 2008, and on June 26, 2012, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving).

[Criminal facts] On November 23, 2015, the Defendant, without obtaining a driver’s license around 06:02, driving a C Sspo-type car from the section of approximately 1km in the front of the Nam-gu Nam-gu, Daegu-gu to the front of the Dong-gu, Chungcheongnam-gu, Seoul-gu, and the front of the Dong-gu, the 100-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment of the previous summary order) by statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the Criminal Act);

1. Article 62-2 of the Criminal Act on community service or lecture attendance order;

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