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(영문) 대전지방법원 2020.06.11 2019고단4136
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 September 2, 2019, the Defendant, without obtaining a driver's license at around 11:40 on September 22, 2019, driven C Poter Cargo within about 2 km from the front of the Daejeon Dong-gu B apartment to the front of the Dong-dong located in the same Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The criminal place, the actual status investigation report, and the register of driver's licenses (number 7); and

1. Application of Acts and subordinate statutes to report investigation results;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act, including probation, community service order and order to attend a lecture, needs to be punished for a crime that may cause serious damage to another person's life, body and property.

Although the Defendant had been subject to punishment several times due to unauthorized driving, etc., the Defendant committed the instant crime, and the nature and circumstances of such crime are not easy.

Defendant caused a traffic accident and caused physical damage.

However, the defendant shows his attitude to recognize the crime of this case and to reflect his mistake.

The crime of this case did not cause human damage, and the physical damage occurred, but it seems that it will be transferred through the motor vehicle comprehensive insurance to which the defendant joined.

On the other hand, there is no record of criminal punishment exceeding the fine.

In full view of such circumstances as well as the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and consequence, and circumstances after the instant crime, the punishment as ordered shall be determined.

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