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(영문) 대구지방법원 안동지원 2016.05.03 2016고단18
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 January 3, 2016, the Defendant driven a franchise-low vehicle without obtaining a driver's license from around 5 km to the road in front of the Korea Water Resources Corporation, located in Ansan-si B from January 14:35, 2016 to around 31 in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of the case;

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

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act is that the Defendant had already been punished four times or more due to drinking or driving without a license (in most cases, a fine or imprisonment is imposed), but again driving without a license within a relatively short period of time.

In this case, the defendant is waiting for committing a crime and is against the law.

In addition, the punishment as ordered shall be determined by comprehensively taking account of the defendant's age, family relations, and other various sentencing conditions, and the protection observation, community service, and lecture attendance order shall be added with a relatively long grace period in consideration of the risk of recidivism.

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