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(영문) 대전지방법원 홍성지원 2016.03.29 2016고단24

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 December 15, 2015, at around 15:30, the Defendant driven a coo vehicle in Scoo-gun, Hongsung-gun, Hongsung-gun, Hongsung-si without obtaining a driver's license from approximately approximately 200 meters section from the red medical source parking lot in Hongsung-gun, Hongsung-gun, to the front road in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a driver's license;

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. Article 62(1) of the Criminal Act provides that a person shall drive without a license even though he/she has the record of punishment for three fines due to driving without a license and one suspended sentence. Since the defendant seems not to respect the purpose of the law that prohibits driving without a license, he/she shall choose to imprisonment.

However, the defendant did not have any record of punishment for about seven years prior to the crime of this case, and the defendant would not make a confession and repeat the crime of this case.

Therefore, considering these issues, the execution of punishment shall be suspended only once).

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;