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(영문) 대구지방법원 2016.07.14 2016고단2059
도로교통법위반(무면허운전)
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

On May 1, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle around 10:30 on May 1, 2016, driven approximately KRW 2 km B character motor vehicle from the front of the Do in the Dong-gu, Daegu-dong, which was in the same Do-dong.

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. 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 suspended execution;

1. The sentencing conditions indicated in the records of this case, such as the protection and observation as well as the reasons for sentencing under Article 62-2 of the Social Service Order Act, and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined in full view of the circumstances constituting the sentencing conditions indicated in the records of this case.

In the past, the defendant has been punished for non-licenseing or drinking driving on several occasions in the past, and the above punishment records contain two times the past records, but the defendant also committed this case.

A favorable normal situation: The defendant does not again commit the same crime.

It shows a consistent and reflect attitude.

The Defendant was sentenced to a punishment in 2008, and was well aware of from the end of the enforcement to the end of 2015.

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