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(영문) 대전지방법원홍성지원 2020.08.12 2020고단299
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 became final and conclusive.

Reasons

Punishment of the crime

At around 14:05 on April 7, 2020, the Defendant driven the E-Poter Cargo Vehicles from the front side of the dry field of the Defendant in Chungcheongnam-gun, Chungcheongnam-gun, without a driver's license, from about 50 meters to the front side of the D-Wing through the radio wave of the C trade name.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

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

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant committed the instant crime in spite of the past history of having been sentenced to three times or more due to driving without a license in the past. As such, the nature of the instant crime is not good.

However, in full view of the facts that the defendant has recognized his mistake, that the defendant would not drive without a license while disposing of the owned vehicle, and other various sentencing conditions such as the background of the crime of this case, the age, character and conduct of the defendant, etc., the punishment as ordered shall be determined.

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