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(영문) 대전지방법원 천안지원 2014.07.24 2014고단520
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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 23, 2014, the Defendant, without obtaining a driver's license at around 13:30 on April 23, 2014, driven Cra-car from the front side of the Seoan-gu, Seoan-gu, Seocheon-si to the front side of the living-child cafeteria located in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of the control manual, the register of simple drinking-free licenses, and the ledger of driver's licenses; and

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant, who has been punished several times due to the violation of the Road Traffic Act due to drinking of the same type as this case and driving without a license, is not less than the nature of the crime and the circumstances of the crime. However, although the defendant again drives without a license, the defendant is merely driving without a license, and the defendant's criminal records are merely subject to a fine on or before around December 2006, the execution of the punishment shall be suspended by taking into account the fact that most of the defendant's criminal records were punished by a fine on or around December 2013, and that the defendant's occupation, family relations, etc. are considered, and the grace period is set for a certain period of time and the order of community service shall be concurrently imposed.

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