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(영문) 대전지방법원 홍성지원 2013.11.15 2013고단840

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four 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 September 25, 2013, the Defendant, without obtaining a driver’s license on September 25, 2013, driven a Brano-car car from a parking lot for a gambre restaurant located in Seocheon-gun, Seocheon-gun, Seocheon-gu, Chungcheongnam-do to the shooting distance in front of the Seocheon-gun, Seocheon-gun, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes, such as the register of driver's licenses (18 pages of investigation records);

1. Article 152 of the relevant Act concerning the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the choice of punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture is that the defendant committed the instantless driving crime even though he/she was punished on several occasions, it is necessary to strictly punish the defendant according to his/her attitude.

However, considering the fact that the defendant seems to have recognized the crime of this case and to be against the truth, the distance of the defendant's driving at the time of the crime of this case is relatively short, there are two dependents of the defendant, and the economic situation is very difficult, and there is no criminal power beyond the fine of the defendant, it is reasonable to give the defendant an opportunity to believe that the defendant's driving is different only once, so it is reasonable to suspend the execution of the punishment of the defendant, but at the same time to order the defendant to attend a law-abiding driving lecture and provide community service.