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(영문) 대전지방법원 2016.10.20 2016고단2701

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 July 17, 2016, at around 11:00, the Defendant driven a motor vehicle with B, without obtaining a driver's license in a section of about 2 km from the front of the above green apartment, on the front of the Seo-gu, Seowon apartment road located in Seo-gu, Daejeon, Seo-gu, Daejeon, Seo-gu, Daejeon, and around 142 on the front of the luxa, and around 16:35 of the same day, the Defendant driven a motor vehicle with B, without obtaining a driver's license,

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. Application of the ledger of driver's licenses (A) and Acts and subordinate statutes concerning disqualified meetings of the main office;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 62(1) of the Criminal Act on Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act on the following grounds: (a) under normal circumstances favorable to the defendant; (b) the fact that the defendant sells the motor vehicle of this case at the time of the crime of this case and reflects the fact that the defendant is driving without a license; and (c) the fact that the defendant would not drive without license again; (d) the fact that the defendant has the power to be punished for the same crime and the crime of this case may have the same kind of crime, which is disadvantageous to the defendant; and (e) the defendant shall be selected to imprisonment by comprehensively taking into account the defendant’s age, character and behavior, environment, motive, means

1. It shall be decided as ordered for the reason of probation, community service order and lecture order under Article 62-2 of the Criminal Act or more;