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(영문) 대구지방법원 김천지원 2018.10.23 2018고단756
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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 July 15, 2018, the Defendant driven a Category C cargo vehicle without the driver’s license from around 3 km to the Han-ro apartment parking lot located from around 11:0 to Kimcheon-si, Kimcheon-ro 248.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including imprisonment on two occasions due to the crime of driving without a license, the Defendant already committed the instant crime, even though he/she had a record of criminal punishment on seven occasions, and even if he/she committed the instant crime.

The defendant repeatedly commits a crime without acquiring a driver's license once.

However, the defendant shows his attitude to reflect again.

The Defendant was sentenced to imprisonment with prison labor due to the crime of unlicensed driving, respectively, for nine years and 13 years, and there was no record of criminal punishment for about seven years thereafter, and was sentenced to a fine again due to a driving without a license in 2016, and the Defendant was punished by a fine again for a driving without a license in 2016.

In full view of the above circumstances, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, sex, family relationship, and circumstances after the crime, and the treatment within society, such as community service order, lecture attendance order, etc. shall be added to prevent the defendant from repeating a crime.

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