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(영문) 대전지방법원 공주지원 2018.10.05 2018고단351
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 3, 2018, at around 05:50, the Defendant driven the Fpoter 1 ton cargo vehicle in a state without a driver’s license in approximately 2 km section from C to the front of the restaurant located in D in the official city, public city, from around 05:50 to the front of the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. An inquiry of driver's license and application of the statutes governing the control;

1. The reasons for sentencing a sentence of imprisonment with prison labor is not that of a non-licensed driver during the period of suspension of execution while the license is revoked due to driving under the relevant law regarding the crime, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act regarding the selective crime, and Article 152 subparagraph 1 of the same Act concerning the selective sentence.

In this context, when considering the fact that the defendant was punished for driving without license in the past, the sentence of a fine to the defendant is not reasonable because it is the period of suspension of execution.

Therefore, the sentence of imprisonment shall be imposed on the defendant, and the sentence shall be imposed as ordered by comprehensively considering the following factors: the distance of the defendant's driving without a license, the background leading to the crime, the age, sex, environment, occupation, etc. of the defendant, and the various sentencing conditions specified in the records and the trial process.

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