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(영문) 대구지방법원 2020.05.13 2020고단190
도로교통법위반(무면허운전)
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. On November 15, 2019, at around 22:00, the Defendant driven a rocketing car without obtaining a driver’s license from a section of about 20 km from the front of the B residence of the Gyeongbuk-gun to the front of the Gyeongbuk-si Seoul Special Metropolitan City Parking Lot.

2. On November 16, 2019, at around 01:50, the Defendant driven a rocketing car without obtaining a driver’s license from approximately 20km section from front of the parking lot in the Gyeong-si, Chungcheongnam-si to front of the Gyeongbuk-gun B residential area.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, photographs, actual condition survey reports and photographs;

1. Registers of driver's licenses, details of revocation of driver's licenses, meetings for disqualification of the main office, and meetings for comparison;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a photograph by video and a caps);

1. Article 152 subparagraph 1 of the Criminal Act and Article 43 of the same Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes resulting from a violation of the Road Traffic Act (Free Driver's License) that occurs as of November 16, 2019, whichever is heavier;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The sentencing criteria shall not apply because a fine has been selected;

2. The grounds for sentencing are as follows, and the defendant's age, character and conduct, environment, motive for committing the crime, frequency and consequence thereof, and the circumstances after committing the crime shall be determined as ordered in full view of various sentencing conditions.

In 2014, a person whose license is revoked due to drunk driving in 2014 and who is expected to drive repeatedly without obtaining a license until now, and the driving distance is long distance.

(b) The fact that the normal unlicensed driving itself is not heavier than the nature of the crime, the occurrence of human life damage caused by driving, and the reflection; and

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