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(영문) 대구지방법원 김천지원 2016.06.09 2016고단321
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On February 4, 2016, at around 09:10, the Defendant was driving a B car without obtaining a driver’s license from around 2 km to the front road of the factory, the CF car in the CF car located in the 2km-dong 2nd city, Sin-dong, Sin-dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of statutes on the ledger of driver's licenses and the details of revocation of driver's licenses;

1. In addition to the relevant legal provisions on criminal facts, Articles 152 subparag. 1 and 43 of the Road Traffic Act regarding the selective sentencing of punishment, the punishment of imprisonment without prison labor has already been imposed nine times due to theless driving of a license without prison labor, and the previous driving of a license without prison labor is considerably high.

In particular, since the suspension of the execution of imprisonment with prison labor is sentenced due to non-licensed driving and the judgment becomes final and conclusive, the crime of this case has been committed (the corporation's business has increased and has been driven at its request).

However, there was no alternative, at all.

Therefore, if this judgment becomes final and conclusive, the sentence shall be determined as ordered by considering the fact that the previous suspended sentence becomes void, the age of the defendant, his family relationship, etc.

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