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(영문) 대구지방법원 2017.08.31 2017고단2390
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On April 26, 2017, the Defendant, without a driver’s license, driven a B-house car from around 2 kilometers up to 50 Knden Electric Complex to the same distribution complex on the front road of Denmark apartment, 22 U.S., Daegu Northern-gu, Daegu, Seoul, about 15:20 on April 26, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A driver's license inquiry;

1. Making teas;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning criminal facts, Articles 152 subparag. 1 and 43 of the Road Traffic Act, the choice of imprisonment (in the case of the defendant, two million won of a fine for driving under the influence of alcohol in 2005, three million won of a fine due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2007, and the driving under the influence of alcohol in 2007, five million won of a fine due to driving under the influence of alcohol in 2012, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2013, violation of the Road Traffic Act in 2013, violation of the Road Traffic Act in 2013, and non-licenseed driving under the license of the same kind of crime.

The sentencing guidelines for traffic crimes applicable to similar crimes are considered to be a negative reason for the suspension of execution in cases of criminal records of the same kind of probation or higher within five years. In the case of the defendant of this case, the defendant of this case has a previous record of the same probation within five

1. Article 62(1) of the Criminal Act (No circumstance exists that could cause harm to traffic at the time of the instant case).

Considering the fact that the accused is seriously against, and that it is likely that the accused will not repeat again in the future.

1. Article 62-2(1) of the Criminal Act, Article 59 of the Protection and Observation Act (this case constitutes a crime of serious traffic laws and regulations, and thus requires systematic treatment, such as taking lectures, to prevent recidivism.

An order to attend a compliance driving lecture shall be issued in consideration of the possibility of improvement, seriousness of crimes, etc.

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