(영문) 대구지방법원서부지원 2020.11.25 2020고단955

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(영문) 대구지방법원서부지원 2020.11.25 2020고단955

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four 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 July 17, 2020, the Defendant driven a D low-speed car without a driver's license from around 2 km to the front road of Daegu-gun, Daegu-gun, to the front road, around 15:47.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspected victims of violation of the Road Traffic Act;

1. Application of the statutes on the register of driver's licenses;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant was punished by a fine for drunk driving in 2002, a fine for a drunk driving in 2003, a fine for a drunk driving in 2006, and a fine for a drunk driving in 2006. The Defendant’s driver’s license was revoked due to a drunk driving which was punished in 2006.

After that, the defendant was punished by a fine on four occasions in 2007, once in 2008, once in 2008, once in 2010, and once in 201, and again repeated the same kind of crime.

Examining the criminal records of the defendant, the defendant seems to have continued to drive without obtaining the driver's license in the past.

In light of these points, it is necessary to strictly punish the defendant.

However, the fact that the defendant shows the attitude to recognize the facts of crime, the fact that there is no record of punishment exceeding the fine, etc. shall be considered as favorable to the defendant, and other various sentencing conditions specified in the records and arguments of this case, such as the age, character and conduct, environment, family relationship, home environment, circumstances after the crime, etc., shall be comprehensively taken into account.

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