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(영문) 대구지방법원 2019.08.14 2019고단2838
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

On April 28, 2019, at around 17:20, the Defendant driven a two-wheeled vehicle of about 30 km from the Do in front of the Simsan City to the Simcheon-si road, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

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. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant was punished for drinking or unlicensed driving after the revocation of the license in 1991, but the defendant had a lot of records of punishment for drinking or unlicensed driving in 191, again, causing a single electric accident while driving in the same manner without a license, and even in 2018, there is a record of the suspended execution due to a non-licensed driving, the risk of recidivism is very very serious risk and thus, the risk of recidivism should be selected at a strict warning level. However, the execution of the sentence shall be suspended by taking into account the fact that the defendant was disposed of after the crime in the judgment, the age and family relationship of the defendant, etc., and probation should be imposed to prevent recidivism. It is so decided

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