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(영문) 대구지방법원 2017.11.30 2017고단5092
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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 April 27, 2017, around 16:00, the Defendant operated a BV car without obtaining a driver’s license in a section of about 8 km from the front day of the new church located in the Gyeongcheon-si, Seocheon-si, Chungcheongnam-si, Jin-si to the front day of the 193 Jinsan-si Corporation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant records and arguments, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the sentencing conditions shown in the instant records and arguments.

Unfavorable circumstances: The defendant committed the crime of this case even though he had the record of criminal punishment several times for the same kind of crime and a different kind of crime.

The favorable circumstances: the defendant recognizes his mistake and reflects his mistake.

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