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(영문) 대전지방법원 서산지원 2014.11.28 2014고단735
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 April 16, 2014, at around 20:55, the Defendant driven a wing truck with B without obtaining a driver’s license from around 3 km section from the street in front of the Seo-gu, Seo-gu, Seosan, Seo-si, Seosan, Seo-si to the front of the Sejong apartment located in Seosan-si, Seosan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Application of the register of driver's licenses and disqualified statutes of the main office;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. was that the defendant again committed the crime of this case even though he had had a record of driving without a license even before the case.

However, in light of the circumstances favorable to the defendant, a vehicle that the defendant was holding in depth against his mistake is also scrapped and is likely to not drive again under a license without permission, and the defendant shall be determined by taking into account the defendant's age, occupation and family relation and the conditions of various sentencing specified in the records of this case, such as the defendant's age, occupation and family relation, and the execution thereof shall be suspended, and community service shall be ordered to the defendant

It is so decided as per Disposition for the above reasons.

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