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(영문) 대전지방법원 2015.02.13 2015고단20

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On December 2, 2014, the Defendant was sentenced to a suspended sentence of two years on the grounds of a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (unlicensed Driving) at the Daejeon District Court on December 2, 201, and the judgment became final and conclusive on December 10, 2014.

On December 23, 2014, at around 14:48, the Defendant driven a C Tworkd Car without a driver's license on the front side of the 16th Tworkd Apartment apartment road in Daejeon Sung-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Relevant statutory provisions and choice of sentence for criminal facts subject to the law of the licensing ledger: The punishment for the punishment under Article 152 subparag. 1 and Article 43 (Selection of Imprisonment) of the Road Traffic Act was re-offending for a very short period of less than two weeks since the judgment of the same kind of suspended execution became final and conclusive in the judgment, even though there was no possibility of obtaining a license for driving reasons for the punishment under Article 152 subparag. 1 and Article 43 (Selection of Imprisonment) of the Road Traffic Act; thus, it is judged that the suspension of fine or imprisonment in terms of special preventive effects would cause any particular effect to stop the same criminal acts of the defendant; in particular, it is very poor that the process of the crime was committed immediately after purchasing the vehicle for about four months and remaining after the sentence of the same suspended execution was sentenced to a judgment of the same kind of suspended execution and immediately purchasing the vehicle for the crime