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(영문) 대전지방법원 2020.10.30 2020고단2979
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 1, 2020, the Defendant driven a DNA-low-scale car without obtaining a driver's license from around 400 meters from the front of the Daejeon Seo-gu Btel to the front of the same Gu Ctel.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on a traffic accident (1) (2) (2) (2));

1. Application of the motor vehicle driver's license ledger (A) accident field photographs statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, which led to a traffic accident that causes the Defendant to shock other vehicles while driving without a license, and the Defendant’s driver’s license was revoked due to a drunk driving in 2014, and the Defendant committed the instant crime in the same kind of manner as the Defendant committed the instant crime, even though he was sentenced twice a fine due to without a license since 2015.

On the other hand, the circumstances favorable to the defendant are that the defendant recognized the crime of this case and reflects his mistake in depth, that the defendant would not drive again after disposing of the vehicle, and that there has been no criminal conviction exceeding the fine of the defendant, etc.

In addition, the sentencing factors shown in the trial process, such as the age, character and conduct, environment, occupation, family relationship, etc. of a defendant, shall be determined as per the order, comprehensively taking into account all the factors of sentencing.

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