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(영문) 대구지방법원 2020.01.15 2018고단2267

도로교통법위반(무면허운전)

Text

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

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

Reasons

Punishment of the crime

around 14:30 on March 2, 2018, the Defendant driven a FF Coke-type car without a driver’s license in approximately 700 meters from the Do front of the E community service center located in Daegu Dong-gu B to the front of the E community service center located in D.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. On May 2007, the reason for sentencing under Article 62-2 of the Probation Criminal Act is as follows: since the driver’s license was revoked on six occasions on the grounds of repeated driving without a license, the criminal liability is unlikely to be less and more likely to pose a risk of re-offending, so it is necessary to select a sentence with strict warning: Provided, That the execution of a sentence is suspended by taking account of the fact that there is no record of punishment of imprisonment without prison labor or more, the Defendant’s age and occupation, etc., and probation is imposed for preventing recidivism.