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(영문) 대구지방법원 2013.12.12 2013고단6303
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six 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

1. Around 15:45 on October 18, 2013, the Defendant violated the Road Traffic Act (free license) driving of a vehicle B on the road front of the mountain middle school located in the Daegu Northern-gu mountain-dong without a driver’s license, from around about 1km to the mountain road in front of the mountain village located in the same sloping-dong.

2. On October 18, 2013, the Defendant violated the Resident Registration Act: (a) while driving a B SP car without obtaining a driver’s license as indicated in paragraph (1) on October 15, 2013; (b) on the grounds that he was under the patrol C was on the ground that he was using a mobile phone while driving the relevant vehicle.

At this time, the defendant had been punished several times while driving without a license and had been punished again. The defendant had been willing to speak the resident registration number of pro-Japanese who was aware of the remaining peace.

Thus, the defendant stated the above D's resident registration number to the above C who demanded identification while driving as the above D.

Accordingly, the defendant used another person's resident registration number unlawfully.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to detect and report violations of the Road Traffic Act;

1. Article 152 subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that applies to the relevant criminal facts, the choice of punishment, and Article 37 subparagraph 10 of the Resident Registration Act (the illegal use of resident registration numbers and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the order to provide community service and to attend a compliance driving lecture are limited to the charge of the instant crime even though the Defendant had the same criminal record, but there is no particular criminal record since 2009.

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