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(영문) 대전지방법원 2019.08.28 2019고단1720
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

around 08:20 on May 9, 2019, the Defendant driven D 2 km from the front road of the Daejeon Dong-gu, Daejeon to the front road of the same Jung-gu, Jung-gu without a driver's license.

Around 14:30 on July 11, 2019, the Defendant driven D straw freight vehicles without obtaining a driving license from around 3 km section from the front of the Daejeon Dong-gu, Daejeon to the front of the Daejeon Dong-gu, Daejeon, without obtaining a driving license.

Summary of Evidence

"2019 Highest 1720"

1. Defendant's legal statement;

1. Control site photographs and the register of driver's licenses, "2019 Highest 2741";

1. Defendant's legal statement;

1. Application of the register of driver's licenses and field photographs statutes;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant, while having been punished several times due to driving without a license, is not that of the Defendant’s liability for driving without license of each of the instant cases.

However, it is advantageous to the fact that the defendant's mistake is recognized, and the defendant will not drive without a license again while reflecting it, etc.

Other circumstances, such as the age, character and conduct, environment, details of the crime, and circumstances after the crime, shall be determined as per the order.

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