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(영문) 대전지방법원 서산지원 2015.04.09 2015고단87
도로교통법위반(무면허운전)등
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

On December 24, 2014, at around 23:00, the Defendant driven the B K5 car without obtaining a driver's license from around 250 meters section from the front side of the BK apartment located in the same Eup/Myeon to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on the current status of non-licensed driving, mandatory insurance, and driver's license inquiry;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

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 reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order include a criminal record having been punished several times for traffic crimes, such as drinking and unlicensed driving, and the criminal record of the instant case committed again while the license was revoked due to drinking driving, and the overall sentencing conditions as shown in the records and arguments shall be determined by comprehensively taking account of the overall sentencing conditions as stated in

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