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(영문) 대전지방법원 천안지원 2015.05.08 2014고단1313
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 July 31, 2014, at around 21:39, the Defendant, without a driver’s license, driven B stress from a restaurant where the trade name at Asan City cannot be known, to the front side of the same road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the situation of operation without a license;

1. Application of Acts and subordinate statutes to entry in the register of driver's licenses;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished several times due to drinking or unlicensed driving, and thus, he/she is selected to be sentenced to imprisonment.

However, the execution of punishment will be suspended by ordering the participation in the compliance driving lecture in consideration of favorable circumstances such as the fact that the defendant acknowledges his mistake and only the penalty power is not sufficient.

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