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(영문) 대전지방법원 공주지원 2021.03.23 2020고단557
도로교통법위반(무면허운전)
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A defendant shall be punished by imprisonment for six 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 November 28, 2020, at around 10:40, the Defendant driven a motor vehicle of approximately 40km from the south Sejong IC on the other side of the gold-type 1 to the front of the Geumcheon-gun, Chungcheongnamcheon-gun, the Defendant driven a motor vehicle of approximately 50km in a section of the Geum River, which is located in the Geum River-ro 596, without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

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

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. Based on the reasons for sentencing under Article 62-2 of the Criminal Act, all the sentencing factors indicated in the records and trial process of the instant case, including the following circumstances and the Defendant’s age, sexual conduct, intelligence and environment, family relationship, motive, means and consequence of the commission of the crime, etc., shall be determined as ordered by comprehensively taking into account:

Unfavorable circumstances: The fact that a person committed the same kind of crime in another time even though he had been a previous driver without a license on two occasions; on October 1, 2019, after being subject to a fine of KRW 8 million due to the refusal to measure drinking, etc., the license was revoked; and the fact that the person was found to have been driving without a license on an expressway; the fact that the person escaped despite being found to have been exposed to a non-license on an expressway, the fact that the person has not caused a traffic accident; the fact that the person did not cause a traffic accident; and that the previous driver without a license

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