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(영문) 대구지방법원 김천지원 2016.11.10 2016고단915
도로교통법위반(무면허운전)
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

At around 16:50 on June 24, 2016, the Defendant driven a B car without a car driver's license from around 150 meters to the front road of the two main apartment complexes located in the Dong-si, the Gu-si, the Corporation.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Application of the ledger of driver's licenses and the statutes on cancellation thereof;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2(1) of the Social Service Order Criminal Act is 6 times the person has already been punished several times due to drinking or refusing to measure drinking, and the person has been sentenced to suspended sentence of imprisonment.

Even though the license was revoked due to drinking driving at the beginning of the year, the crime of this case was committed.

However, most of the previous convictions have been 10 years ago, and they are against the mistake.

In addition, the sentencing conditions as shown in the argument of this case, such as the age, occupation, and health status of the defendant due to pulmonary tuberculosis, shall be comprehensively considered and sentenced as ordered.

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