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(영문) 대전지방법원 2013.04.12 2013고단278

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 November 17, 2012, at around 20:20 on November 17, 2012, the Defendant driven a car of approximately 6 km from the front day of the New Airport of Young-dong, Chungcheongnam-gu, Chungcheongnam-do to the front day of the high party security center, without a driver’s license, to the front day of the high party security center.

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 and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 62 (1) of the Criminal Act (Consideration of the suspended sentence);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc. provides two criminal records of the same kind before the six-time probation period, and Article 59 of the Act on Probation, Etc. also provides five-time criminal records of the same kind of fine. In particular, it is doubtful that the punishment of this case is necessary in that a person who was sentenced to a fine due to driving under influence on June 4, 201 on August 25, 201 after the driver's license was revoked and was sentenced two times or more due to a non-licensed driving on May 18, 201 and a non-licensed driving on May 18, 201, and is also sentenced to a fine on six-month period, and there is a doubt that the suspended sentence is not a special

However, in light of the fact that the most recent suspended sentence of the same kind was 12 years prior to the date of the instant crime, and that the vehicle (C), including the instant crime, used for the three-timeless licensed driving crime, would not be re-offendered by selling the vehicle (C), it is so decided as per Disposition.