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(영문) 대구지방법원 안동지원 2016.04.15 2016고단9
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On December 31, 2015, the Defendant driven a Poter Cargo at approximately 100km section from the construction site of the apartment on the world, which is located in Ansan-dong without obtaining a driver's license for a motor vehicle on December 31, 2015, to the point of 127 km from the construction site of the apartment in Taedong-dong-dong.

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. The main sentence of Article 62 (1) of the Criminal Act (the following circumstances considered in favor of the reasons for sentencing);

1. Although the reason for sentencing under Article 62-2(1) of the Criminal Code of the Social Service Order and the defendant had been punished as the same criminal records, the crime of this case committed without a license is very poor.

However, considering the fact that the defendant did not proceed to the violation of other traffic-related Acts and subordinate statutes, the fact that he did not repeat again after his mistake, and the fact that he did not repeat again, and other circumstances that are conditions for sentencing, such as the defendant's age, sex, occupation, environment, family relationship, etc., the punishment shall be determined as above, and such punishment shall be ordered to be protected and observed by the defendant in order to prevent the possibility of recidivism by the defendant.

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