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(영문) 대전지방법원 2017.04.26 2017고단82

도로교통법위반(무면허운전)

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A defendant shall be punished by imprisonment for four 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 7, 2016, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (non-licensed driving) at the Daejeon District Court on December 7, 2016, and on February 2, 2015, the same court was sentenced to a fine of one million won for a violation of the Road Traffic Act (non-licensed driving).

On November 22, 2016, the Defendant driven a sports cargo vehicle in C, C without obtaining a driver's license, with approximately KRW 7 km from the 12:00 to the 279 km in the direction of the Gyeong-gu Seoul metropolitan area on the road located in the Dong-dong of the Daejeon Seo-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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 on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the fact that the principal offense was committed again even though two times the criminal records of the same kind of crime have been committed: The confession and reflectment; and