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(영문) 대구지방법원김천지원 2020.09.10 2020고단669
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 April 15, 2020, at around 18:10, the Defendant driven a D Ecoo motor vehicle without obtaining a driver's license from a section of about 5 km from the front of the B apartment in Nowon-gu, Seoul to the front of the C apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

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

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the accused’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., that the accused has been punished several times for the same type of crimes, and the sentence like the order shall be determined by comprehensively taking account of all the conditions of sentencing as shown in the pleadings of the case.

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