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(영문) 대전지방법원 2016.10.19 2016고단2522
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

Defendant is a person who engages in labor.

On July 24, 2016, the Defendant, without obtaining a driver's license at around 17:50 on July 24, 2016, driven B Poter freight at a section of about 5 km from the front of the Daejeon Seo-dong Seodong Seo-gu Busan Metropolitan City U.S. In front of the Daejeon Seo-dong U.S. fishery market.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to inquiry into driver's license and report the circumstances of unlicensed driving;

1. Article 152 subparagraph 1 of the Criminal Act and Article 43 of the same Act concerning the facts constituting an offense;

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

1. Probation and community service order Article 62-2 of the Criminal Act are three times of a fine due to a violation of the Road Traffic Act (unlicensed driving) for the reason of sentencing, and in particular, even if the person was punished twice for a violation of the Road Traffic Act (unlicensed driving) in 2016, consideration shall be given to the disadvantage of the person committing the instant crime.

Considering the favorable circumstances that there is no previous conviction or more than a suspended sentence.

In addition, the punishment shall be determined as ordered in consideration of various sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, and environment of the defendant.

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