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(영문) 대전지방법원 논산지원 2017.06.09 2017고단237
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 April 3, 2017, the Defendant driven a motor vehicle from the front side of the oil station located in the Scular Ri to the front road of Seosan-si, Seosan-si, without obtaining a driver's license from around 300 meters from the 300-meter section to the front road, at around 15:10 on April 3, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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. In light of the fact that the defendant committed the instant crime even though he/she had been punished five times as a fine for the same kind of crime, it is necessary to punish the defendant strictly.

However, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case, such as the fact that the defendant reflects the mistake, the fact that the defendant has no record of the suspension of execution or heavier punishment, the age, environment, criminal records, criminal records, the circumstances after the crime, etc.

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