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(영문) 대전지방법원 2017.09.20 2017고단674
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 18, 2016, the Defendant received a summary order of KRW 7 million due to a violation of road traffic law (unlicensed driving) at the Daejeon District Court on April 18, 2016, the same criminal records are more than five times.

[Criminal facts] On February 14, 2017, the Defendant driven the C Carn Corpon vehicle from around 3 km to the road of about 1163 in the Dong-gu Daejeon-gu, Daejeon-dong-gu, Daejeon-gu, Daejeon-gu, with no driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the Defendant again committed the instant crime even though 6 times the past record of driving without obtaining a license for the reason of sentencing under Article 62-2 of the Criminal Act, and 3 times the past record of driving driving under drinking, the confession and reflective circumstances, and the fact that all traffic-related criminal records are the past record of fines shall be considered as favorable circumstances.

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