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(영문) 대구지방법원 안동지원 2020.05.13 2019고단980
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for 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

At around 18:10 on April 27, 2019, the Defendant driven the said car without obtaining a driver’s license from the front parking lot of the B Apartment-dong, Ansan-si to the front road of the B Apartment Management Office, and operated the said car without obtaining a driver’s license on a total of 27 occasions from August 9, 2015 to April 27, 2019, as shown in the attached crime sight table.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to the criminal place, report on the occurrence of a traffic accident, report on actual situation (including photographs), internal investigation report (including the specific circumstances of the suspect), internal investigation report (Attachment to the vehicle register), internal investigation report (Attachment to the unmanned vehicle control record), internal investigation report (Attachment to the comprehensive details of vehicle control), internal investigation report (Attachment to the vehicle register), criminal report (Attachment to the detailed details of the vehicle), investigation report (Attachment to the vehicle's report), investigation report (Attachment to the detailed data of the vehicle), and criminal investigation report (Attachment to the accident image

1. Article 152 of the Road Traffic Act and Articles 152 subparagraph 1 and 43 of the same Act concerning the punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is that the defendant has driven without a license over about 27 times for about 5 years, and its nature is not good in light of the period and frequency of the crime. The vehicle driven by the defendant was a so-called "large-scale vehicle," which is not covered by mandatory insurance without the transfer of ownership registration, and that the defendant has a career of being punished several times due to traffic-related crimes, such as drinking driving, etc., is disadvantageous to the defendant.

However, the fact that the defendant recognized the crime of this case and reflects it, and that the defendant has no record of punishment as punishment is favorable to the defendant.

In addition, the defendant's occupation, age, character and conduct, environment, motive and background of crime, means and results, and circumstances after crime, etc.

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