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(영문) 대구지방법원 경주지원 2018.02.01 2017고단798
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 10, 2010, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (non-licenseless Driving), etc. in the Daegu District Court and the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act, and on February 5, 2014, the Defendant was sentenced to a summary order of five million won for a violation of the Road Traffic Act (non-licenseless Driving) in the same racing support on the same day, and was sentenced to a summary order of

[Criminal facts] On November 6, 2017, the Defendant driven a vehicle C-II cargo vehicle without obtaining a driver’s license from around 13:20 on the street of the Defendant in front of the Defendant’s house located in the racing-si, and from around 60km to the Defendant’s house, via the agricultural cooperative and the side of the YY-si, Chungcheongnam-si, Chungcheongnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the occurrence of a traffic accident, a survey report on actual condition, an accident scene photograph, and the ledger of driver's licenses (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report (Attachment to the previous convictions and related judgments);

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the stay of execution ( various circumstances, such as the fact that the criminal defendant commits a mistake in his/her own, etc.);

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