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(영문) 대구지방법원 서부지원 2019.09.25 2019고단1567
도로교통법위반(무면허운전)
Text

1. Defendant A shall be punished by imprisonment for eight months.

2. Defendant B shall be punished by a fine of one million won.

Reasons

Punishment of the crime

[Criminal Power] Defendant A was sentenced to a suspended sentence of six months on January 23, 2019 due to a violation of the Road Traffic Act (unlicensed Driving) on January 23, 2019, and the said judgment became final and conclusive on January 31, 2019, and is currently under suspended sentence.

【Criminal Facts】

1. Defendant A

A. On February 24, 2019, at around 16:35, the Defendant driven F Poter Cargo Vehicles without obtaining a driver’s license from approximately 500 meters section from the front of Daegu Seo-gu, to the front of the E-care center located in D, the same Gu.

B. On May 11, 2019, at around 15:45, the Defendant driven the said cargo vehicle without obtaining a driver’s license from approximately 2 km section from the front of the Daegu Seo-gu Incheon Metropolitan City Office to the front of the office of the Seowon-Eup, Seowon-gu, Daegu-gu, Daegu-gu, to the front of the office of the Seowon-gu, Daegu-gu.

C. On May 21, 2019, at around 12:58, the Defendant driven the said cargo vehicle without obtaining a driver’s license from approximately 2 km section from the front of the Daegu Seo-gu Incheon Metropolitan City Office to the front of the office of the Seowon-Eup, Seowon-gu, Daegu-gu, Daegu-gu, to the front of the office of the Seowon-gu, Daegu-gu.

2. Defendant B, even with knowledge of the absence of a driver’s license at each time, at each place specified in paragraph (1), aided and abetted the Defendant’s free driving of a vehicle without a license by allowing A to drive a vehicle with a cargo vehicle owned by the Defendant for the purpose of collecting the scrap with the Defendant, and facilitating the commission of the crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Report on the occurrence of a traffic accident;

1. Investigation report (as to the video recording of CCTV images for the purpose of crime prevention):

1. CCTV images (Evidence Nos. 6, 19);

1. The surface of the vehicle driving (Defendant A);

1. Previous convictions indicated in the judgment: Application of criminal records, inquiry reports (defendant A), investigation reports (verification of the same criminal records) and other Acts and subordinate statutes;

1. Article 152 applicable to the crime and subparagraph A of the option of punishment: Imprisonment with prison labor and Article 152 subparagraph 1 of the Road Traffic Act;

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