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(영문) 대구지방법원 2018.01.11 2017고단5744
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 29, 2017, around 16:54, the Defendant driven a B B B B B-type car without obtaining a driver’s license from a live market located in the Daegu Northern-dong to the front of the live building in the middle-gu Taegu, Daegu-gu.

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 Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant records and arguments, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the sentencing conditions shown in the instant records and arguments.

Disadvantageous circumstances: The Defendant had been punished for a fine on three occasions due to driving without a license, etc., but was also driving without a license.

A favorable normal condition: The defendant recognizes his mistake and is against his will.

Defendant would not drive without a license again.

There are many things.

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