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(영문) 대전지방법원 2017.08.08 2017고단1853
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 11, 2017, the Defendant driven a B B B-type car without obtaining a driver's license from around 250 meters from the third-lane of the So-dong So-dong So-dong So-called So-called So-called So-called So-called So-called B-U car from around 20:13 to the second-lane of the Jin-dong So-dong So-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to the ledger of driver's licenses;

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. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures was sentenced to a fine on one occasion due to drinking alcohol driving, and the Defendant, while driving a drinking without a license again, was sentenced to a fine on one day from the time when the Defendant was sentenced to a fine due to the refusal of drinking and the non-licenseless driving, but was sentenced to a fine on one day.

Since it has repeatedly committed the same kind of crime within the short time, the risk of recidivism is high, and the nature of the crime is poor.

However, the defendant is a person who has no particular criminal history other than the punishment force and juvenile protection disposition related to the above driving, and there is still high possibility of edification due to the age university students, his family members are also trying to prevent recidivism, and there is no damage caused by the crime of this case, and the defendant's age, occupation, family relationship, sex behavior, environment, circumstances before and after the crime, etc. are to select imprisonment with prison labor by taking into account various sentencing conditions shown in the records, such as the defendant's age, occupation, family relation, sex behavior, environment, and circumstances before and after the crime. However, the defendant's sentence is determined as ordered by the disposition of the suspension of execution

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