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(영문) 대전지방법원 서산지원 2016.10.11 2016고단186

도로교통법위반(무면허운전)

Text

1. The punishment of the defendant shall be eight months;

2. Provided, That the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

[2016 Highest 186] On March 12, 2016, the Defendant driven a D Poter vehicle without obtaining a driver’s license in the section of about 7 km from the roads in front of the Jinjin-si to the roads in front of the same city, 24 highest Myeong-si, the Jin-si, Seoul, to the roads in front of the luxular road, 455-13.

[2016No. 305] Around 11:00 on March 29, 2016, the Defendant driven a DNA cargo vehicle without obtaining a driver’s license in approximately 70 kilometers from the west-ro, west-gun, Chungcheongnam-gun, Hongsung-gun, Hongsung-gun to the 386-19 west-do.

Summary of Evidence

1. Defendant's legal statement;

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

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

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

1. Probation and community service order Article 62-2 of the Criminal Act repeatslessless driving even during the period of suspension of execution due to the reasons for sentencing.

It seems that the defendant's awareness of compliance is very rare.

However, considering all kinds of sentencing conditions, such as the age, character and conduct, environment, background, means and result of the crime, the circumstances after the crime, etc., the final sentencing is to be taken, but probation is to be taken and the punishment is to be taken through community service, and it is to be determined like the order.