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(영문) 대구지방법원 김천지원 2017.01.18 2016고단843
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On April 19, 2016, the Defendant driven D rocketing car without obtaining a driver’s license from around 1 1 km section from the front of 103-dong 103-dong, Sinsi-si, Sinsidong, to the front of the same city to the front of the potae-dong cafeteria.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and detailed statements of driver's licenses revocation;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act - The Defendant was punished by a fine of KRW 1 million and a fine of KRW 2 million on July 5, 2015 and April 4, 2016 on the day on which his/her driver’s license was revoked due to excess of the penalty points on February 8, 2015.

In addition, the defendant has been punished for a fine twice due to driving under drinking.

- The defendant reflects his wrongness.

There is no history that the defendant has been punished in excess of a fine.

- Other conditions of sentencing specified in the arguments of this case, such as the age, sex, environment, and circumstances after the crime, shall be determined as ordered in consideration of the various sentencing conditions shown in the arguments of this case.

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