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(영문) 대구지방법원 포항지원 2021.03.09 2020고단1648

도로교통법위반등

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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On January 30, 2020, the Defendant was sentenced to a suspended sentence of 4 months for a crime of violating road traffic law (unlicensed driving) in the port branch of the Daegu District Court on January 30, 202, and the judgment became final and conclusive on February 7, 2020.

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a sports car in B coaches.

No driver of any motor vehicle shall threaten or endanger other persons or cause any danger to traffic by consecutively committing two or more acts, such as a violation of speed, failure to keep a safe distance, violation of prohibition of change of course, or by continuing or repeatedly committing one act.

Nevertheless, on July 11, 2019, at around 09:42, the Defendant violated the speed from 28km to 17km away from the middle-west-gu, Daegu-gu, to the point where it is located at approximately 11km, at the highest speed of 170km to the 17km away from the 11km section, with the highest speed of 100km to the 170km away from the h section where it is located, the Defendant failed to secure the front vehicle and the safety distance, and driving the said vehicle in such a way as to change the lane into the gins of the gins, by driving the vehicle at one time, by driving the vehicle in such a way as to ensure the speed of violation, the safety distance failure, and the prohibition of change of course, thereby causing danger or injury to others or causing danger to traffic.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a car in the 170km section from the south-gu residential parking lot to the D parking lot located in the Gyeongnam Development-gun, at the time of the same day as set forth in paragraph 1, without obtaining a driver’s license for a car in the 170km section.

Summary of Evidence

1. Statement by the defendant in court;

1. Video CDs;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (the confirmation of concurrent crimes after Article 37 of the Criminal Act, etc.);

1. Article 151-2 and Article 151-2 of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts and the selection of punishment.

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