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(영문) 대전지방법원 서산지원 2019.11.21 2019고단739
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 June 7, 2019, at around 14:45, the Defendant driven a motor vehicle of Category C with no driver's license in approximately 3 km section from the front of the road in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, to the front of the coast Highway, 224 meters away from the front of the coast Highway, and without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Criminal Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (Selection of Imprisonment or Imprisonment)

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant had been already punished four times due to unauthorized driving; (b) the Defendant’s non-exclusive driving of this case again took into account the unfavorable circumstances, such as the fact that the Defendant was able to commit a traffic-related crime; and (c) the Defendant’s mistake against the Defendant; and (d) the favorable circumstances, such as the fact that the Defendant did not amount to a traffic accident, etc.; and (b) other favorable circumstances, including the Defendant’s age, character and conduct, environment, motive for committing the crime, and circumstances

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