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(영문) 대구지방법원 영덕지원 2013.03.06 2012고단222
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 of the final judgment.

Reasons

Punishment of the crime

around 15:12 on September 7, 2012, the Defendant driven B Poter freight without obtaining a driver’s license, from around 2 km to the front way of the Potering Center located in the South-west-gun of the Republic of Korea, from the French Military Security Center in the South-west-gun of the same military.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the relevant Acts and subordinate statutes to the investigation report (report on the current status of driving without a license), the driver's license inquiry, the ledger of driver's license, and the register of the vehicle

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. On September 23, 201, the Defendant for reasons of sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, issued a summary order of KRW 1,50,000 to a fine for violation of the Road Traffic Act (unlicensed driving) at the Young-gu District Court Young-gu District Court’s Yeongdeungpo Branch on September 23, 201, and on December 1 of the same year, the Defendant committed the same kind of crime even though he had been punished four times due to drinking or unlicensed driving for the last ten years, including the finalized of the above summary order, and therefore

However, a suspended sentence of imprisonment is imposed in consideration of the fact that the defendant is against the crime of this case and is expected not to drive again, the defendant has no record of punishment heavier than a fine for the same kind of crime, the defendant's age, character and conduct, circumstances after the crime, etc., and other various sentencing conditions, such as probation, community service order and lecture order are added. It is so decided as per Disposition by the court below.

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