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(영문) 대구지방법원 포항지원 2019.09.19 2019고단859

도로교통법위반(무면허운전)

Text

The punishment of the accused shall be four months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 31, 2019, the Defendant, without obtaining a driver's license at around 18:44 on May 31, 2019, driven a motor vehicle with e-car at approximately 53 km away from the road front of the gas station in North-gu, North-gu, Seoul at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the driver's license inquiry statement and next inquiry statement;

1. Article 152 Subparag. 1 of the Road Traffic Act and Articles 152 and 43 of the Act on the Selection of Punishment for the Crime (Selection of Imprisonment. Taking into account that there was a record of being punished three times by a fine due to drunk driving or unlicensed driving prior to the instant case);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act)

1. Order to attend lectures under Article 62-2 of the Criminal Act;