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(영문) 대전지방법원 서산지원 2020.01.28 2019고단1169
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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 October 11, 2019, the Defendant, without obtaining a driver’s license, driven a C class III truck at approximately 20 km from the front of the Defendant’s residence located in Western City B to the road located in the Myeoncheon-si, Myeoncheon-do, Sinjin-si, Seocheon-si, the lower court driven C class III truck at the section of about 20 km from Seoul to the road located in the direction of 259km.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

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

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Criminal Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (Selection of Imprisonment or Imprisonment)

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant has already been punished two times in 2016 due to unauthorized driving in 2016, once in 2018, and three times in 2018, and the crime is unlicensed driving again.

However, the court shall take into account the favorable circumstances such as the defendant's wrongness, the fact that the defendant's mistake does not amount to a traffic accident, and the fact that there is no serious criminal record exceeding the fine, and shall determine the punishment as ordered by taking into account all the factors of sentencing as shown in the arguments, such as the defendant's age, character and conduct, environment, motive for the crime,

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