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(영문) 대전지방법원 홍성지원 2018.01.30 2017고단787
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

On September 22, 2017, the Defendant driven a rocketing truck without obtaining a driver’s license from around 50 meters from the following side of the police station of Bogi-dong 2nd to the north of the same Sincheon-ro to the front of the new road.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the situation report on driving without licenses and driver's license;

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 selected as a penalty.

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, and all the conditions of sentencing as indicated in the records, including the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the background of the instant crime, the sentence shall be determined as ordered.

D. Unfavorable circumstances: The reason why the license was revoked due to drinking without a license even though the record of punishment was several times; the reason why the license was revoked due to drinking without a license; the reason why the risk of recidivism was high: the confession and the reflectivity; the fact that the vehicle was disposed of while making the vehicle no longer driving without a license.

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