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(영문) 대전지방법원 공주지원 2015.02.06 2014고단315
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a three-year suspended sentence on May 24, 2012 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and is currently under the suspended sentence.

【Criminal Facts】

On November 17, 2014, at around 15:00, the Defendant driven B truck without obtaining a driver’s license from the front side to the front side, or from the front side to the front side of the Cheongyang-Eup Eup in the same Cheongyang-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Registers of driver's licenses;

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts and Articles 152 subparag. 1 and 43 of the Road Traffic Act for the reasons of sentencing are sentenced to a suspended sentence of imprisonment due to a violation of the Road Traffic Act, etc. in 2002. Upon amnesty in the year 2003, the defendant again committed a violation of the Road Traffic Act in the year 2004, and was sentenced to a suspended sentence of imprisonment in the year 2004. In addition, the defendant has a record of being sentenced to criminal punishment by a fine because he committed a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act.

In the meantime, the defendant was sentenced to a suspended sentence of imprisonment with prison labor due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which caused the death of the victim as stated in the judgment of the court, and again has the record of being sentenced to a fine for the crime of violation of the Road Traffic Act (unlicensed Driving) during the suspended sentence period.

Nevertheless, the defendant again committed the crime of this case, and in light of the criminal records of the defendant, it is difficult to expect the edification of the defendant more subject to criminal punishment of fines.

Therefore, the sentence of imprisonment is inevitable for the defendant.

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