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(영문) 대구지방법원 김천지원 2016.04.28 2016고단129
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 2, 2016, the Defendant driven a B-low car without a driver’s license in a section of about 150 meters from the front day of the gold market in the Gu-U.S. Pyeong-dong, Seoul, to the front day of the sale store in the Gu-U.S., the Republic of Korea, located in the 64-1 of the same city-U.S. P., the Defendant driven a B-low car without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Application of statutes on the ledger of driver's licenses and the details of revocation of driver's licenses;

1. There are many criminal records of the same kind, including the relevant legal provisions, and Articles 152 subparag. 1 and 43 of the Road Traffic Act regarding the selective sentencing of imprisonment, six times a fine due to driving without obtaining a license for the reason for imposing a sentence of imprisonment, and one time a suspended sentence of imprisonment with prison labor;

There are many criminal records of drinking driving, and in particular, in the period of the suspension of the sentence of imprisonment due to drinking driving, the driver was sentenced to a fine, but was sentenced to a fine.

In that sense, seven months have passed since the above prior action was taken place, and one month has passed since the period of suspension of execution was not passed, and thus, recidivism was committed. In light of the above circumstances, a suspended sentence is determined that the effect of punishment cannot be achieved and sentenced.

In addition, the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, shall be determined as ordered by the text.

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