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(영문) 대전지방법원 천안지원 2018.10.26 2018고단1470
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 November 24, 2017, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violation of road traffic law (unlicensed driving) in the Daejeon District Court’s branch on July 6, 2018, and the judgment became final and conclusive on July 9, 2018. On July 9, 2018, the Defendant was sentenced to a suspended sentence of 1 year for 3 months of imprisonment with prison labor for the same crime in the same court, and the judgment became final and conclusive on July 17, 2018.

[2] On April 17, 2018, the Defendant driven the said vehicle without a driver’s license for a total of seven times from the following day to April 23, 2018: (a) around 21:08; (b) without a driver’s license for a motor vehicle; (c) from a non-place to the insular road in South-gu, Chungcheongnam-gu, Chungcheongnam-do; and (d) from a non-place to the road in front of singing.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Data to close a video course;

1. Previous convictions in judgment: Application of text of judgment and the search statutes of Supreme Court B;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the choice of imprisonment with prison labor, for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant committed each of the crimes of this case even though he had been punished several times, including the same crime as this case, and the defendant confessions and reflects each of the crimes of this case, and the defendant is at the same time subject to the crime of violation of the Traffic Act of each of the roads in which the judgment has already become final and conclusive, by taking into account the circumstances revealed in the records of this case and the theory of changes, such as equity in the case where he was tried at the same time, etc.

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