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(영문) 대전지방법원 천안지원 2013.09.12 2013고단930
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 June 21, 2013, at around 10:15, the Defendant driven a B-7 car from the parking lot for the Gyeongnam-do apartment located in the 1080-dong, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Chungcheongnam-do to the tent (b) located in the new Dong-dong in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of control manuals and the laws and subordinate statutes on the register of driver's licenses;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment for a crime;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant was sentenced to a fine of KRW 700,000 as a violation of the Road Traffic Act at the Seocheon Branch of the Daejeon District Court on November 5, 1998, a fine of KRW 1,00,000 as a violation of the Road Traffic Act on May 23, 2007, and a fine of KRW 2,50,000 as a violation of the Road Traffic Act on February 29, 208, at the Seocheon Branch Branch of the Daejeon District Court on February 29, 2008, a fine of KRW 2,50,000 as a violation of the Road Traffic Act (unlicensed Driving) and a fine of KRW 50,00 as a violation of the Road Traffic Act on August 5, 2012, and the above court on April 18, 2013 without being sentenced to a repeated fine of KRW 50,000.

Therefore, it is possible to select and punish imprisonment with prison labor among the fixed types of punishment, and considering that this case is merely a simple driving without license, the execution of punishment will be suspended and the community service order will be concurrently imposed.

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