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(영문) 대전지방법원 공주지원 2019.11.22 2019고단330
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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

At around 15:40 on July 5, 2019, the Defendant, without obtaining a driver’s license, driven a DM3 car in the name of C in the name of the Defendant’s son from the G apartment parking lot in the public city to the Gambol-dong in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. To select imprisonment with prison labor in consideration of the fact that the sentence of Article 62-2 of the Criminal Act was repeated even though a number of criminal records of the same kind were involved in the sentencing.

However, considering that there is no long-term criminal punishment power or there is no criminal record exceeding other criminal records or fine, there is room to give the defendant an opportunity to repent last.

The execution of punishment shall be suspended, but the punishment shall be determined as ordered in comprehensive consideration of various sentencing conditions shown in the trial process, such as the age, character and conduct, environment, occupation, family relationship, etc. of the defendant.

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