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(영문) 대전지방법원 2015.07.15 2015고단1236
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 7, 2014, the Defendant was sentenced to one year of imprisonment for a violation of the Road Traffic Act at Daejeon District Court on February 7, 2014, and completed the execution of the sentence in the Daejeon Prison on December 25, 2014.

On April 3, 2015, at around 10:15, the Defendant driven C Poter Cargo Vehicles without obtaining a driver’s license from around approximately 200 meters from the front of the Kado-dong, Daejeon, Hongdo-dong, to the front of the Hando-dong, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment for a crime;

1. The reason behind the sentencing of Article 35 of the Criminal Act among repeated offenders is against [fluent circumstances], the same kind of crime during the repeated crime period, the majority of the same criminal records (five times in fact and three times in fine) and the inevitable circumstances that make it possible to drive without a license can not be found (fluence circumstances], the above circumstances and the defendant’s age, character and behavior, environment, circumstances after the crime, etc. shall be comprehensively considered and determined as the order of the punishment as ordered.

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