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(영문) 대전지방법원 2019.05.30 2019고단755
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 4, 2019, the Defendant, without obtaining a driver’s license, driven the E-Poter Freight at approximately 1 km from the roads in front of the Daejeon Seo-gu Seoul Metropolitan City B market to the roads in front of the D shop in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the ledger of driver's licenses, such as arrest reports by suspects and voluntary written consent;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances and the Defendant’s age, character and conduct, environment, place and distance where a unauthorized driver’s license was conducted, family relations, etc.

The circumstances unfavorable: The defendant has a number of criminal records of a fine, while the defendant has been sentenced to punishment for driving without a license or driving under drinking, and the circumstances favorable to the defendant again committed the crime of this case even though it has been included several times: The defendant appears to have an attitude to make the confession and seriously reflect on the crime of this case; the defendant has no record of criminal punishment heavier than that of a fine due to the same type

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