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(영문) 대구지방법원서부지원 2020.10.21 2020고단1206
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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 March 15, 2020, at around 20:15, the Defendant driven a Fextonton car without obtaining a driver's license from approximately 100 meters section from the front of C in Daegu-gun, to the front of E in D.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspected victims of violation of the Road Traffic Act;

1. The ledger of driver's licenses;

1. Application of Acts and subordinate statutes to photographs on control;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant had a record of criminal punishment on several occasions due to drunk driving in the past, and among which, the Defendant’s driver’s license was revoked due to a drunk driving sentenced to a fine in 2017.

After that, in 2019, the defendant was punished by a fine for driving without a license on two occasions, but again repeated the same type of crime.

In light of the circumstances shown in the record, the Defendant seems to have continued to drive without obtaining a license for driving without obtaining a license.

In light of these points, it is necessary to strictly punish the defendant.

However, the fact that the defendant shows the attitude to recognize and repent the facts of crime is considered as favorable to the defendant, and the defendant's age, character and conduct, environment, family relationship, family environment, circumstances after the crime, and various sentencing conditions as shown in the records and arguments of this case shall be determined as ordered by considering the following factors.

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