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(영문) 대전지방법원 2017.02.08 2016고단3976
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 25, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle around 17:30 on September 25, 2016, driven a motor vehicle in the direction of about 100km from the front side of the construction site of the apartment site located in Bocheon-si to the point of about 18:55 on the same day, the Defendant driven a motor vehicle in the direction of about 100km from the front side of the construction site of the apartment site in Bocheon-si to the point of approximately 83km away from

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. An unfavorable circumstance is that there are many previous convictions in the same kind of punishment under Article 62-2 of the Social Service Order Act.

The fact that the crimes are divided and reflected, and the fact that the vehicle is not re-offending, such as the disposal of the vehicle, are favorable circumstances.

In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.

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