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(영문) 대전지방법원 2017.06.16 2017고단751
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

[2] On February 5, 2009, the Defendant received a summary order of KRW 2 million for a violation of road traffic law (unlicensed driving) from the Daejeon District Court on February 5, 2009; a summary order of KRW 1.5 million for the same crime from the Suwon District Court on August 13, 2010; a summary order of KRW 1.5 million for the same crime on April 25, 201; a summary order of KRW 2 million for the same crime from the Daejeon District Court on May 1, 2015; and a summary order of KRW 2 million for the same crime from the support of the Daejeon District Court on August 28, 2015.

[2] On July 15, 2016, the Defendant driven C-5 automobiles without a driver’s license at approximately 2-3 meters from the side of the education center of the Japanese church of the Daejeon Seo-dong Daejeon, Daejeon to the entrance of the same church.

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. Even though five times the criminal records of the same kind of crime with the reason for sentencing under Article 62-2 of the Criminal Act, the fact that the above crime was committed again is deemed disadvantageous, confession and reflective, and the fact that all of the above criminal records are fines shall be considered as favorable circumstances.

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