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(영문) 대전지방법원 논산지원 2017.03.21 2016고단686
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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 December 18, 2016, the Defendant, without a driver’s license of a motor vehicle around 10:40 on December 18, 2016, driven B Poter truck from approximately 2 kilometers from the 62 mallebri in the two sides of the mountain village to the 1st village in the same area.

Summary of Evidence

1. Statement by the defendant in court;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes of the investigation report (No. 5th of the investigation records);

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

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

1. Although the reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant was punished several times for the same crime, it is necessary to strictly punish the defendant in that he/she committed the instant crime.

However, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant reflects the wrong, simply non-licensed driving, the fact that the defendant has no record of criminal records over the suspension of execution or above, and the age, environment, criminal records, criminal records, circumstances after the crime, etc.

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