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(영문) 대전지방법원 공주지원 2018.08.10 2018고단247
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 2, 2018, at around 09:40, the Defendant driven a B-type cargo vehicle without obtaining a driver's license from around 2 km to the front road of the Daejeon-dong, Daejeon-gu, Daejeon-gu, Daejeon-dong from around 2km to the front road of the Busan-do, Daejeon-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving and control without a license;

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

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The reasons for sentencing of Article 62-2 of the Criminal Act regarding community service and order to attend lectures are already two times, but they again commit the instant crime, taking into account the fact that they committed the instant crime.

However, there is a need to give the defendant an opportunity to open his or her mistake, and finally, there is a need to give the defendant an opportunity to open.

The execution of punishment shall be suspended in consideration of the fact that it appears.

In addition, the defendant's age, sex, environment, occupation, family relationship, motive and consequence of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the trial process.

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