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(영문) 대전지방법원 홍성지원 2013.10.01 2013고단582
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 July 19, 2013, at around 20:05, the Defendant driven CFa car without obtaining a driver's license for approximately 8 kilometers from the front of the Defendant's house located in Chungcheongnam-gun Hong-gun, Chungcheongnam-si to the front road in front of the Sinpo-si, Sinpo-si, Bonpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the driving license ledger (A);

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 under Article 62-2 of the Probation Criminal Act is that the defendant was punished for driving without a license on several occasions, even though he/she was punished for driving without a license, it seems that there is a need for strict punishment corresponding to the defendant's attitude toward the law.

However, considering the fact that there was no additional risk, such as traffic accident, etc. due to the crime of this case, the defendant transferred a vehicle used for the crime of this case to another person while not driving again, there is no dependent on the defendant, the economic situation is difficult, and the defendant has no criminal record, etc., it is reasonable to believe that it is more likely that it is reasonable to give the defendant an opportunity to have a compliance consciousness with the crime of this case, and thus, the execution of the sentence against the defendant should be suspended.

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