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(영문) 대구지방법원 경주지원 2017.09.14 2017고단276

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal record] On July 16, 2013, the Defendant was sentenced to a fine of five million won due to a violation of road traffic law (unlicensed driving) in the Daegu District Court racing support, and six previous criminal records.

[Criminal facts] On April 29, 2017, the Defendant driven CMW X3 Motor Vehicles without a driver’s license on the front of the vehicle on the front of the racing, around 15:40.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Two copies of a report on detection of a suspected violation of the Traffic Act (driving without a license) on the road, the ledger of driver's licenses for motor vehicles, and photographs of suspect drivers;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, investigation report (A), and Acts and subordinate statutes (Attachment to the previous and summary order/judgments);

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 ( Various extenuating circumstances, such as the fact that the criminal defendant commits an error by himself/herself and has no same record of exceeding the fine);