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(영문) 대구지방법원 2019.06.27 2019고단2266
도로교통법위반(무면허운전)등
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

1. Around 15:50 on April 18, 2019, the Defendant driven a rocketing car without obtaining a driver’s license from approximately 4 km section from the front of the Daegu Southern-gu Blllllle to the front of the Daegu Suwon-gu Clle road.

2. On April 18, 2019, the Defendant presented the following as if he was the Defendant’s driver’s license: (a) on April 18, 2019, when he was operating the said vehicle on the road prior to the Daegu Seongbuk-gu Incheon Metropolitan Office E District Police Station; (b) on the part of the Defendant under the name of the Commissioner of the Daegu Local Police Agency, G’s driver’s license under the name of the Defendant under the name of the

Accordingly, the defendant did not use official documents.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Article 230 of the Criminal Act and the choice of imprisonment, respectively;

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. Scope of recommending sentencing guidelines for sentencing provided for in Article 62-2 (1) of the Criminal Act;

(a) Illegal uttering of official documents (determination of types) .. Illegal uttering of official documents, etc. . . . . . . . . [Type 1] Official documents, etc. . . . . The basic area of the basic area of recommendation and recommendation [the scope of recommendation and recommendation], and April to October;

(b) Violation of the Road Traffic Act: Offenses not setting the sentencing criteria;

(c) Scope of recommendations based on standards for handling multiple crimes: Imprisonment with prison labor for not less than four months (a concurrent crime with an offense for which no sentencing guidelines are set);

(d) Scope of the recommended sentence that is modified according to the sentencing guidelines: four months to two years of imprisonment (where the upper limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory upper limit of the sentencing range, it shall be in accordance with the statutory upper limit of the sentencing range), the following circumstances, and other ages of the defendant;

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