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(영문) 대구지방법원 포항지원 2018.02.07 2017고단1484
도로교통법위반(무면허운전)등
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

The defendant is a driver of TG car by setting up a siren B.

1. On September 27, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving the said vehicle at a section of about 4 km from the 32-km road in front of the Seo-gu in the north-gu in the Posi-si in the port to the road adjacent to the Dong-gu square, without obtaining a driver’s license for a motor vehicle on or around 00:34 on September 27, 2017.

2. No driver of any motor vehicle, etc. who violates road traffic Acts shall threaten or endanger any other person, or cause any danger to traffic, by continuing or repeatedly violating the signal or direction;

Nevertheless, it is anticipated that the Defendant would have been aware of driving without a driver’s license when driving without a driver’s license as above in the day-to-day zone like Paragraph 1, and caused danger to traffic by repeatedly violating signal or direction six minutes between five minutes, such as signal violations, three times in violation of signal violations, two times in violation of instructions, and one time in alteration of the lane, etc., in front of the showing point at the north-gu in the port of port, 32, 65, 65, and 60 minutes in front of the same city at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on occurrence of a case resulting from a violation of traffic laws on roads;

1. Application of the Act and subordinate statutes to the ledger of driver's licenses and the following inquiry;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (Unlicensed Driving Points), Articles 151-2 and 46-3 of the Road Traffic Act, and selection of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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