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(영문) 대구지방법원 2019.10.02 2019고단2505
도로교통법위반(무면허운전)
Text

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

On September 21, 2017, the Defendant was sentenced to a suspended sentence of four months by imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Daegu District Court on September 21, 2017, and the judgment became final and conclusive on September 29, 2017.

On May 14, 2019, at around 15:35, the Defendant driven the E-Poter Cargo Vehicle from approximately 50 meters away from the Do in front of the Do in Daegu Northern-gu B to the front road in C.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to the prosecution investigation report (verification of the same kind of force);

1. Relevant Article of the Act on Criminal facts and Articles 15 subparagraph 1 and 43 of the Road Traffic Act which choose the penalty;

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

1. The probation officer's strict supervision and supervision of the probation officer in order to prevent recidivism is necessary, since the responsibility for the crime is not easy in that it is a second offense during the same period of probation, but is likely to pose a risk of recidivism, and thus, requires a strict warning. It is so decided as per Disposition on the grounds above, since it is a simple unauthorized driving, and driving without license, driving a vehicle to purchase insufficient materials while performing a bathing room construction, and driving a vehicle to purchase insufficient materials, and thus, the execution of the sentence is suspended in consideration of driving circumstances, the defendant's age, occupation, family relation, etc.

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