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(영문) 대구지방법원 2016.09.29 2016고단3130
도로교통법위반(무면허운전)등
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

[criminal history] On March 18, 2016, the Defendant was issued a summary order of a fine of one million won at the Daegu District Court for a violation of road traffic law (unlicensed driving) and was punished four times for the same crime.

[Criminal facts] On July 1, 2016, the Defendant driven a BM5 car without obtaining a driver’s license from around about 500 meters from the front day of the new road in the Daegu Dong-dong, Daegu-dong, to the front day of the new road in the same Gu-dong career of the same Gu-dong, and without obtaining a driver’s license from around 00 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Granting a license or making a tea entry into the ship;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, and Article 46 (2) 2 and Article 8 of the Guarantee of Compensation for Automobile Damages Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the frequency and time when the defendant was punished for the same kind of crime, the age, sex, intelligence and environment of the defendant, the motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the various grounds for sentencing as shown in the argument of the case.

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