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(영문) 대전지방법원 홍성지원 2014.04.16 2013고단959
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 4, 2013, the Defendant, without obtaining a driver’s license on a motor vehicle, driven a B-learning motor vehicle within approximately 1km from the Young-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun, to the same Eup’s O-management pattern.

2. On November 4, 2013, the Defendant, without obtaining a driver’s license on a motor vehicle on or around 20:00, driven a B-learning motor vehicle within about 1 km from the nives in which the Hongsung-gun red-gun was located to the front day of the Young-ri located in the same Eup.

2. On November 4, 2013, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a B-learning motor vehicle from the field of about 11 km to the front day of the rice processing complex in the same military regrried rice processing plant located in the Young-gun Hong-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. An inquiry into the enemy (B);

1. Application of Acts and subordinate statutes to an investigation report;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting a crime. Article 152 of the same Act

1. Of concurrent crimes, the provision of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed for the offense of violating the final Road Traffic Act, which is the largest penalty);

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

1. The reason for sentencing in Article 62-2 of the Criminal Act requires strict punishment corresponding to the above, since the defendant committed the crime of driving without a license even though he/she had a record of being punished for committing a traffic offence, and the defendant is selected to imprisonment with prison labor.

However, the execution of the sentence shall be suspended only once in consideration of the fact that the defendant has no criminal history beyond the fine, and there has been no particular traffic accident in the course of the crime of this case.

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