(영문) 대전지방법원 2020.11.27 2020고단3964

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(영문) 대전지방법원 2020.11.27 2020고단3964

도로교통법위반(무면허운전)

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A defendant shall be punished by imprisonment for not more than ten 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 24, 2020, at around 12:13, the Defendant driven a vehicle B with no driver's license at the section of approximately 131 km from the Suwon East-gu ICT to the Busan-dong Busan-dong Busan-dong Busan-dong Busan-dong, Daejeon-dong, Daejeon-dong, without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the police interrogation protocol C against the defendant;

1. A report on the occurrence of a traffic accident, investigation report (in the course of measuring the speed of a vehicle, measuring the speed of the vehicle, measuring the results of speed measurement, and analyzing the traffic accident;

1. Application of the Acts and subordinate statutes governing booms and video CDs;

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 on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the same Act on the ground that the danger and harmful effects of driving without a license are serious and there is a serious need to strictly punish the defendant's driving accident. In fact, the driving distance is very long, the denial of the defendant brings about the clothes or the bottom of the defendant's house to the dwelling of the defendant. The change in the driving circumstance of the defendant's driving that the defendant has been driven without due to the wind due to the wind of the defendant or the inevitable circumstances is very heavy since it is difficult to consider the situation due to the reason that the defendant's act of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Article 62(1) of the Act on the Suspension of Execution for the Injury). However, the accident of this case is often divided into the defendant's fault of the victim and the defendant's.

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