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(영문) 대전지방법원 2017.08.10 2017고단1806

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six 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

On April 26, 2017, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a violation of the Road Traffic Act (non-licensed driving) at the Daejeon District Court.

5. 5. The judgment became final and conclusive.

On January 2, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle around 13:00, driven a motor vehicle with the c 399c wheels at a section of about 1km from the front day of the Seo-gu Daejeon, Seo-gu, Daejeon to the roads near the four streets of the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Previous convictions in the judgment: Search of the case and text of the judgment (2016 order 3421) and the application of statutes;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that the defendant is aware of and against the crime of this case; the defendant is a disability of class 2 of the physical disability; the defendant is willing not to repeat the crime of driving without a license; the defendant is required to take into account the circumstances favorable to the defendant; the defendant has to drive without a license in another way even though he has been punished several times of driving without a license; the defendant has been punished for the crime of this case; the defendant has been punished for the crime of this case; the execution of the sentence shall be postponed by comprehensively taking into account all the conditions of sentencing provided for in Article 51 of the Criminal Act, such as the records of this case, including the defendant's age, sex, environment, motive, means and result, and the circumstances before and after the crime and the trial process).

1. It shall be ruled as ordered on the grounds of protection observation, community service order and order to attend a lecture, or heavier than Article 62-2 of the Criminal Act (in order to prevent recidivism);