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(영문) 대구지방법원 2013.08.22 2013고단3916
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, 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

On May 31, 2013, the Defendant was sentenced to a suspended sentence of 6 months in the Daegu District Court for a violation of the Road Traffic Act, and the judgment became final and conclusive on June 8, 2013.

On May 25, 2013, at around 15:56, the Defendant driven a cargo vehicle from around 33-5 km-dong, Daegu Dong-dong, Do-dong, to around 5 km-dong, Do-dong, Do-dong, the Defendant, without a driver’s license, around 15:56.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Previous offense: Application of Acts and subordinate statutes of investigation report (a copy of summary order);

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. In light of the fact that the Defendant was punished several times for the reason of sentencing under Article 62-2 of the Probation Criminal Act, and the Defendant committed the instant crime while being tried due to the crime of violating the Road Traffic Act, which became final and conclusive, etc., it is necessary to strictly punish the Defendant.

However, this case is against the defendant, and it is necessary to take into account the fact that the defendant's simpleless driving is limited to the simpleless driving, the equity in the case that has been adjudicated at the same time due to concurrent crimes under the latter part of Article 37 of the Criminal Act, and the motive, means and result of the crime of this case, the circumstances after the crime, the age, character and conduct of the defendant, family environment, etc. shall be

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