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(영문) 대구지방법원 김천지원 2016.10.19 2016고단458
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 26, 2016, at around 16:10, the Defendant driven B cargo truck without a driver’s license from a section of about 60 kilometers from the cross influence road located on the south of the North Korean Racing to the road of 135 kilometers away from the Gyeong-si, Daegu-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, disqualified meetings of the main office, and disposition for cancellation;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant had a record of being punished by a fine for 4 times and one time due to drunk driving; (b) the Defendant committed the instant crime even though his/her driver’s license was revoked due to drunk driving in 2014; (c) the Defendant committed the instant crime under the circumstances unfavorable to the Defendant; (d) the Defendant was aware of the commission of the crime; and (e) the Defendant has not received any punishment exceeding the fine for the same kind of crime; and (e) the fact that there was no record of being punished due to the same kind of crime, etc., shall be considered as favorable to the Defendant; and (e) other circumstances, such as the Defendant’s age, character and conduct

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