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(영문) 대전지방법원 2020.08.21 2020고단2442
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

On May 15, 2020, at around 17:40, the Defendant driven a motor vehicle of approximately 3.5 km from the Daejeon Dong-gu, Daejeon to the front road located in Daejeon Seo-gu, Daejeon, without a motor vehicle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was discovered to the police due to the violation of signals while driving without a license and the crime of driving without license of this case was revealed. The driver's license of the defendant caused a traffic accident due to drinking driving in 2019, and the defendant has been sentenced to a fine due to a driving without license in 2008, and the defendant is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflects his mistake in depth, that the defendant again said that he would not drive without a license, and that the defendant's health status could not be better for each other is favorable to the defendant.

In addition, the sentencing factors shown in the trial process, such as the age, character and conduct, environment, occupation, family relationship, etc. of a defendant, shall be determined as per the order, comprehensively taking into account all the factors of sentencing.

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