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(영문) 대전지방법원 2020.09.10 2020고단1222
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 15:39 on March 8, 2020, the Defendant driven D1 ton cargo vehicles without obtaining a driver's license in the section of about 5 km from the Jung-gu, Jung-gu, Daejeon to the front road located in the same Gu B from March 8, 2020.

around 15:20 on May 12, 2020, the Defendant driven D Poter II truck without obtaining a driver's license from the front side of the Flatere Association located in Daejeon Jung-gu, Daejeon to the same Gu G and the front road.

Summary of Evidence

"The 2020 Highest 1222 of the defendant's legal statement, the report on the current status of driving without a license, the on-site photographs of the driver's license register of the motor vehicle."

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the arrest report of suspects, such as the violation of the Road Traffic Act (unlicensed driving), the inspection report, the certificate of driver's license, resident inquiry, and the inspection report and field photograph;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the reason for sentencing as prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with punishment as prescribed in the case of 2020 high-class 2532), among concurrent crimes, has the record of being punished six times for the same crime in the past.

In particular, the defendant committed a violation of the Road Traffic Act (unlicensed Driving) as of March 8, 2020 as of March 8, 2020, and committed a crime of violation of the Road Traffic Act (Unlicensed Driving) as of March 8, 2020, and was prosecuted on March 26, 2020, and again committed the same kind of crime like the case of 2020Kadan2532 as of March 26, 2020.

Therefore, the defendant shall be sentenced to punishment, and the favorable circumstances such as the fact that the defendant recognized all of the crimes of this case and reflected shall be considered, and the age, character and conduct, family relationship, motive and means of the crime of this case shall be considered.

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