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(영문) 대구지방법원 김천지원 2019.07.09 2019고단448

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On April 28, 2019, at around 10:40, the Defendant driven B-low-income motor vehicles without obtaining a driver's license in the section of about 10km from the front of the rest area in the Yellow Highway in Seoul direction to the front of the 264km in the direction of Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of control manuals, the ledger of driver's licenses, and details of driver's licenses revocation statutes;

1. Relevant legal provisions concerning the facts of crime and reasons for sentencing under Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Scope of applicable sentences under law: One month to one year; or

2. Application of the sentencing criteria: The sentencing criteria are not set. 3. The fact that the defendant who was sentenced on March 3, 200 has no record of being sentenced to imprisonment due to the same kind of crime, and that the defendant shows the appearance of recognizing the crime from the beginning of the investigation, etc. are considered in determining the sentencing.

However, it is difficult for the defendant to understand the circumstances leading up to the crime of this case driving a long distance without a driver's license on the ground that it is simply a birth day, and the defendant has been punished for the same kind of crime several times. On February 21, 2019, the crime of this case driving without a driver's license was committed on March 22, 2019 without being aware of the fact that a fine of KRW 3 million was issued on March 22, 2019, and again committed the crime of this case at the point of time, the defendant cannot be held liable for a strict liability.

In addition to the above various circumstances, the defendant's age, character and conduct, occupation, family relationship, previous conviction, circumstances, attitude after the crime, etc. shall be determined as ordered by taking into consideration various sentencing conditions.