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(영문) 대전지방법원 천안지원 2018.10.29 2018고단1223
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

On March 23, 2018, the Defendant, without a driver’s license, driven C Freight at approximately 15 km from Chungcheongbuk-gu, Daejeon to the point of 277 km in Seoul Gyeong-dong, Taedong-dong, Chungcheongnam-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. The defendant, on the grounds of the relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act regarding the crime, has a career of serving five criminal punishment for driving without a license, and one of them drives a motor vehicle without a license during the period of suspension of the execution of imprisonment, even though he/she was sentenced to a suspended sentence of imprisonment.

Therefore, it is difficult to expect the defendant's serious reflection or edification in selecting a fine.

As long as imprisonment is selected, the sentence shall be imposed on the grounds that the person falls under the grounds for exclusion from the execution of sentence, but the sentence shall be determined as ordered by considering various factors of sentencing as shown in the arguments in this case, including the background leading to the crime, the defendant's age, and sexual behavior

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