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(영문) 대전지방법원 공주지원 2017.11.17 2017고단294
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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 September 5, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle from around 21:00, driven a motor vehicle with B investment in the section of about 3 km from the front of the “mawd installation industry” located in Geum-dong 195 Geum-dong, Geum-si to the front road of the “mastropium 35-1” of the same hour.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Report on the occurrence of a traffic accident, report on a traffic accident (1), and the ledger of driver's licenses;

1. Application of Acts and subordinate statutes to scene photographs of an accident, and intensity on the scene of a traffic accident;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include a number of criminal records of the same kind, causing traffic accidents, and choice of imprisonment.

However, it shall be taken into consideration the fact that the defendant is led to confession and is in depth.

In this context, the defendant's age, sex, frequency and frequency of driving without a license, circumstances such as the background of the crime, and circumstances after the crime shall be determined as ordered.

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