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(영문) 대전지방법원 2015.05.13 2014고단3018

도로교통법위반(무면허운전)

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A defendant shall be punished by imprisonment for six 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 August 4, 2014, around 09:30 on August 4, 2014, the Defendant driven a motor vehicle of the C highest Pest Pest Pest in a section of about 5 km from the front of a mutually influent restaurant located in the Dong-si, Chuncheon-si, Gangwon-do to the front of the Central Expressway located in the Chuncheon-si, Chuncheon-si, Gangwon-do without the driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the standing report on driving without a license, and driver's license inquiry;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

1. The sentencing criteria are not set for offenses subject to the sentencing criteria;

2. Although the Defendant had been punished for committing a crime without a license and a drunk driving, etc. for several times, the Defendant again committed the instant crime ( even after having been sentenced to a three consecutive times due to a licenseless driving in 2010, and even after having been sentenced to a three consecutive times due to a licenseless driving in 2010), the Defendant may not be punished more exceptionally.

However, considering the favorable circumstances in which the defendant reflects the crime and repents, the punishment shall be determined as ordered in consideration of the distance of the defendant's driving without a license, the circumstances leading to the crime in this case, the age, character and conduct of the defendant, and the circumstances of sentencing specified in the records of this case, such as the period of the crime in this case.