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(영문) 대구지방법원 2017.09.14 2017고단3700
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 16:55 on May 30, 2017, the Defendant driven a DPoter II cargo vehicle at a distance of approximately one kilometer from the previous argument in the Shin Young-ri Village to the front road of the Doking-ri Village at the same Doking-ri village, if he was found to be Sincheon-si, without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of any case of violation of traffic laws (unlicensed driving) on roads;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

1. Relevant legal provisions and Articles 152 subparag. 1 and 43 of the Road Traffic Act regarding criminal facts, and the choice of imprisonment (the defendant has not obtained the driver's license until now since the cancellation of the driver's license on March 2, 2003, and has been punished five times or more due to the same crime).

1. Article 62(1) of the Criminal Act (No circumstance exists that could cause harm to traffic at the time of the instant case).

The defendant is seriously against himself, and the defendant will not repeat again in the future.

The defendant's wife together with his wife and supported his old mother and 3 children, etc., and the social relationship is clear, and the detention of the defendant entails a difficulty to his dependants.

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Order to Attend (in this case, it is recognized that systematic treatment, such as automobile compliance driving, is necessary to prevent recidivism due to a violation of serious traffic regulations).

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