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(영문) 대구지방법원 2020.02.19 2019고단5889
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On October 10, 2019, the Defendant driving a Frane car at approximately 500 meters away from the 09:40 meters away from the road located in Daegu Northern-gu B through D without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the register of driver's licenses and disqualified statutes of the main office;

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. The reason for sentencing under Article 62-2 of the Criminal Act of the Act on Probation and Order to Attend Education is high, but it causes traffic accidents while driving without a license, and photographs of the accident site and the damage situations, etc., the degree of shock is very serious. Considering the fact that the criminal liability may lead to serious human injury, and the risk of recidivism is very complicated and is likely to lead to serious danger of committing a crime, the sentence shall be chosen by requiring a strict warning: Provided, That the execution of the sentence shall be suspended in consideration of the fact that there is no imprisonment without prison labor or heavier punishment, but the proper driving habits and the systematic education and supervision of the probation officer on the safe and defensive driving will help prevent the risk of recidivism, and the order to attend the probation and compliance driving will be imposed. It is so decided as per Disposition on the grounds above.

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