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(영문) 대구지방법원서부지원 2020.08.26 2020고단223
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

At around 09:30 on January 7, 2020, the Defendant, without obtaining a driver's license, driven D Poter cargo from approximately 500 meters to the front road of C Bank, from the front road of Daegu-gun apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspected victims of violation of the Road Traffic Act;

1. Registers of driver's licenses, and car4;

1. Application of Acts and subordinate statutes governing the exposed field photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. In 2011, the Defendant had had the record of criminal punishment of fines on four occasions due to driving without a license after the revocation of a driver’s license due to drinking driving in the same year, and repeated the same crime.

In light of the criminal records of the defendant, the defendant seems to continue to drive without obtaining again the driver's license after the cancellation of the driver's license in 201.

Rather, in the police investigation, the Defendant made a statement that seems to criticize the police officer who discovered the Defendant’s non-licensed driving of the instant case, etc., and the circumstances after the crime are not good.

In light of these points, it is necessary to strictly punish the defendant.

However, considering the fact that the defendant recognized the facts of crime, the fact that there is no criminal punishment exceeding a fine, etc. in favor of the defendant, etc., the defendant's age, character and conduct, environment, family relationship, home environment, circumstances after the crime, etc., and the various sentencing conditions as shown in the records and arguments of this case shall be determined as ordered by taking into account the following factors:

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