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(영문) 대구지방법원 서부지원 2019.02.14 2017고단2730
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 08:00 on October 24, 2017, the Defendant driven B Potering vehicle without obtaining a driver’s license in the section of about 25 km from the road located in the Singu Seo-gu, Seogdong-gu, Seogu, Seogdong-gu, Seogdong-gu, and from the section of about 25 km to the roads adjacent to the Sinnam-si.

The Defendant, at around 17:20 on July 8, 2018, driven B cargo at a distance of about 3 km from July 8, 2018 to the national highways of the same 33km in front of his dwelling in Gyeongbuk-gun, Gyeongbuk-gun, without obtaining a driver's license.

Summary of Evidence

"2017 Highest 2730"

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A driver's license inquiry;

1. The 2018 Highest 3001 of the enemy;

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes concerning actual condition survey reports, field photographs, and estimates;

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. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes are heavy in that the defendant commits each of the crimes of this case, even though he/she had a majority of the records of punishment for the same crime including imprisonment with prison labor.

In particular, the defendant was prosecuted due to driving without a license and the trial has been pending in this court, and the vehicle has been driving without a license, and the possibility of criticism is high due to the occurrence of the traffic accident in which the vehicle is moved.

It is necessary to repeatedly punish the defendant who repeatedly causes considerable danger to road traffic, regardless of the repeated punishment or action of the court.

In addition, the defendant's age, character and behavior, environment, and motive, means, and result of the crime, including the details and distance of the operation of each of the driver's licenses in this case.

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