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(영문) 대구지방법원 서부지원 2020.01.10 2019고단1291

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 17, 2019, the Defendant 201 was driving a Fchip car from around 50 meters to the front road located in Daegu-gun, Daegu-gun, without obtaining a driver's license on May 17, 2019.

On May 16, 2019, the Defendant 2019 Godan1662 was driving a Franchising car from approximately 20 meters away from the front of Daegu-gun G to the front of a karaoke practice room in the vicinity without obtaining a driver's license on May 16, 2019.

Summary of Evidence

"2019 Highest 1291"

1. Defendant's legal statement;

1. The driver's license ledger;

1. "Crime of Violation of the Road Traffic Act (Operation without License) and reporting on detection of suspects";

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to photographs on accident site and actual survey report;

1. Relevant Article of the Act on the Crime and the Selection of Punishment, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the Selection of Imprisonment with prison labor;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders include: (a) the Defendant’s fault recognized his mistake and resisted to the effect that he would not repeat the instant vehicle; (b) again, he disposes of the instant vehicle due to a mistake that does not drive under the influence of alcohol or drive without a license; and (c) the short driving distance is favorable to the Defendant.

On the other hand, the Defendant was able to have a drinking driving force and a driving force without a license (the Defendant was placed in line) and in particular, from the Seoggu District Court's Branch Branch on November 15, 2017 (2017Kadan788) to imprisonment for a violation of the Road Traffic Act (free driving) and a violation of the Road Traffic Act (free driving). The Defendant was sentenced to a suspended sentence of two years on June 29, 2018, and the suspended sentence became final and conclusive on June 29, 2018, and even during the suspended sentence period, the Defendant repeated driving without a license of the instant case against the Defendant.

Other details of the detection, details of the crime, frequency of the crime, circumstances after the crime, criminal records, the prosecution, etc.