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(영문) 대전지방법원 2013.07.03 2013노441
도로교통법위반(무면허운전)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. In light of all the circumstances, including the fact that the defendant was punished six times by a fine due to the same kind of crime, the court below's sentence (a fine of three million won (old: 10 months) against the defendant is too uneased and unfair.

2. The crime of this case is acknowledged as driving a new character B, which is the joint ownership of the defendant and the defendant's wife, in approximately 15 km section without the driver's license. It is a simple driving without the license, which does not commit any other crime or cause any traffic accident, and the defendant shows the appearance against the defendant.

However, the Defendant had a total of five fines, including a fine of 300,000 won in 205, a fine of 300,000 won in 206, and a fine of 2 million won in 2007 due to driving without a license. In particular, on April 27, 2012, the Daejeon District Court sentenced the Defendant of 2 years of suspension of execution for 8 months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Daejeon District Court on May 5, 2012, which became final and conclusive on May 27, 2012, and again committed a second offense without more than 5 months since the said judgment became final and conclusive, it is not good to view the Defendant as having been sentenced to imprisonment with prison labor for the said Defendant and her wife’s driving without a license, and the instant case also causes the Defendant’s driving of a new motor vehicle without a license without a license for a specific driver’s license for a total of more than 1 year, and thus, it is not necessary to completely deny the Defendant’s license for a new driver’s license.

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