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(영문) 대전지방법원 공주지원 2018.12.07 2018고단449
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 4, 2018, at around 12:47, the Defendant driven an Erocketing car without obtaining a driver's license from around 50km to the B parking lot via D located in the Gongju City from the Sejong Special Self-Governing City B to the Gong.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (2) (2)

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding criminal facts, and Article 152 Subparag. 1 and Article 153 of the Road Traffic Act regarding the selective sentencing of imprisonment is considerably long, and the defendant caused a traffic accident.

On April 29, 2018, when a license was revoked due to driving under drinking, the Defendant was found to drive without a license, and was again driving without a license after a summary order was issued.

In light of the fact that the defendant was unaware of the issuance of a summary order, it is reasonable to view that there is no possibility of reflect or edification against the defendant, if it is considered that the defendant committed a second offense by using the vehicle used at the time of the previous crime in the past for only four months in the absence of investigation or trial proceedings on his/her crime.

It is difficult to expect edification or adaptation of the defendant even if the defendant has an opportunity once again due to a fine, suspension of the execution of imprisonment, etc.

In light of these circumstances, the sentence of imprisonment with prison labor is to be imposed, and the defendant's age, sex, environment, occupation, occupation, family relationship, motive and consequence of the crime, and various sentencing conditions as shown in the records of the case and the trial process shall be comprehensively considered, and the sentence shall be determined as ordered.

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