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(영문) 대전지방법원 공주지원 2019.09.20 2019고단239

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 3, 2019, at around 08:33, the Defendant driven D string cargo vehicles without obtaining a driver's license in a section of about 500 meters from the front side of the Defendant's dwelling to the front side of the said dwelling.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Application of the statutes on the register of driver's licenses;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding the relevant criminal facts, the reason for sentencing of the sentence of imprisonment with labor, the defendant was not sentenced to imprisonment with labor, and the statutory detention was made by being sentenced to a fine at the appellate court during the one-year grace period, but the defendant committed the instant crime within a short period.

There is no possibility of edification or alteration for the accused.

Although the defendant's wrong recognition of his or her mistake and the distance from driving is not long, it is unreasonable to punish the defendant somewhat for such reasons as above, taking into account the criminal records of the defendant and the period up to recidivism.

The circumstances that the previous suspended sentence may be returned together with the cancellation of the previous suspended sentence are limited to the scope of the responsibility of the criminal defendant who committed the crime and does not take into account the sentencing.

The punishment shall be determined as per the order of the court.