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(영문) 대구지방법원 김천지원 2016.11.09 2016고단1167
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

around 13:33 on August 16, 2016, the Defendant driven a C-wing truck without obtaining a driver's license in the section of about 600 meters from the front of the Yellow-si, 31-1, the Yellow-si, Kimcheon-si, 154-4, the same time from the front of the Yellow-si, 31-1, the yellow-si, the Matriam-dong, to the lurg road in the same time.

On September 30, 2016, at around 11:05, the Defendant driven a Korean-style apartment with approximately KRW 1k away from the Korean-style apartment parking lot located in Yellow-dong, Kimcheon-si to the front road in the same city care and custody zone, without a car driver’s license, on September 30, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the ledger of driver's licenses, details of revocation of each driver's licenses;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act on September 3, 2014, the Defendant was subject to a summary order of KRW 6 million due to a violation of the Road Traffic Act (unlicensed Driving) in the Daegu District Court Kimcheon Branch on September 3, 2014, and was punished four times due to driving without a license. In particular, even if the Defendant was discovered to be driving without a license on August 16, 2016, there is a high possibility of criticism against the Defendant in that he/she was driving without a license on September 30, 2016.

However, the fact that the defendant is against the wrongness of the defendant and is expected not to drive any motor vehicle any longer, such as scrapping the motor vehicle, the fact that there is no record of punishment exceeding the fine, and the defendant's age, character and conduct, environment, circumstances of the crime, means and results, etc., the punishment shall be determined as ordered in consideration of all the conditions of sentencing, such as the circumstances after the crime.

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