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(영문) 대전지방법원 논산지원 2016.05.24 2016고단97
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 February 14, 2016, at around 15:00, the Defendant driven a B-car without obtaining a driver’s license from approximately 4.3 km section from the front of the distribution center to the tiny intersection located in C-ri in C-ri in C-ri, Chungcheongnam-ri, Chungcheongnam-do, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Application of Acts and subordinate statutes to a driver's license;

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 is that the defendant again committed the instant crime even though he/she had the record of serving several punishments for the same kind of crime, it is necessary to punish him/her corresponding thereto.

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 is against the mistake, the fact that there is no record of the crime above the suspension of execution, and the age, sex, environment, etc. of the defendant.

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