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(영문) 대구지방법원 포항지원 2017.01.18 2016고단1089
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 22, 2016, the Defendant, without a driver’s license, driven B1 ton cargo at approximately 500 meters from the road surface in front of the 628 Gi-riri-ri, Northern-gu, Northern-si, North Korean-si, North Korean-si, Seoul-si, to the Kao-ri of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of suspects in violation of the Traffic Act (non-licenseed driving) on roads;

1. Application of the Acts and subordinate statutes to a copy of the driver's license ledger and the tea ledger;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances: Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime; and the circumstances after the commission of the crime.

The unfavorable circumstances: The circumstances that have been favorable for six times due to driving without a license: A confession and reflects the crime; disposal of the freight of this case and the prevention of recurrence; and there is no record of criminal punishment exceeding the fine.

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