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(영문) 대전지방법원 서산지원 2020.02.06 2019고단730
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

around 17:05 on June 25, 2019, the Defendant driven B Abdo lurg XD without obtaining a driver’s license from around 3 km-dong, Dong-dong, Dong-dong, Dong-dong, Dong-si, Seoul, to the front road in the north-si, Mapo-si, Mapo-dong.

around 21:20 on August 5, 2019, the Defendant driven a B-to-pur motor vehicle without obtaining a driver's license in the section of approximately 1.5 km from the front of the Damna-gun, Chungcheongnam-gun to the front road of the fireworks 187-15, located in the same Eup/Myeon 187-15-15 Eup/Myeon.

Summary of Evidence

"2019 Highest 730"

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. On-site photographs "2019 Highest 1196";

1. Defendant's legal statement;

1. Notification of detection of unauthorized Drivers;

1. Registers of driver's licenses;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Crime and the Selection of Punishment, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the Selection of Imprisonment with prison labor;

1. Of concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, including the defendant who was sentenced to a suspended sentence of two years on December 15, 2016 on the grounds of a violation of the Road Traffic Act (unlicensed Driving) on the part of the defendant, etc., the defendant was sentenced to a suspended sentence of two years on December 15, 2016, and the defendant again conducted the instant unlicensed driving of this case on more than six occasions, the defendant shall be sentenced to imprisonment with prison labor with a heavier penalty as the defendant's liability for the crime of this case. The fact that the defendant recognized the error and reflects the defendant, selling the vehicle, selling the vehicle, and refusing to drive without a license in the future, the fact that the vehicle does not reach a traffic accident, and other various sentencing conditions as shown in the arguments

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