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(영문) 광주지방법원 2017.09.21 2017고단1488

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On January 26, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle on or around 17:20, driving a rocketing motor vehicle in the section of about 11.5 km from the front side of “the 70-day Gampppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp

2. On February 17, 2017, the Defendant, without obtaining a vehicle driver’s license around 17:00, driven a C rocketing car from around 300 meters away from the road before the place of rewing in the Song-dong of Gwangju Mine to the roads before the station in the Song-dong of Gwangju Mine-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the detection;

1. The driver's license ledger;

1. Inquiry into administrative dispositions at the main office;

1. Domestic investigation report (with respect to whether or not a notice of second decision on suspension of driving license is received);

1. Application of Acts and subordinate statutes to investigative reports (report on the signed response by the recipient of registered mail, comparative analysis and reporting on the suspect's body, reporting on confirmation of the escape situation at the time the suspect is discovered, reporting on the time of receipt of registered mail, hearing and reporting on the DNA telephone statement at the office source, and reporting

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense;

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. In light of the fact that the Defendant’s reason for sentencing under Article 62(1) of the Act on the Suspension of Execution does not seem to have been a person even though the Defendant was under the influence of driving without a license and thus led to the crime of driving without a license, the liability for the crime shall not be

However, in this Court, considering the favorable circumstances, such as the fact that the Defendant’s age, sex, environment, family relationship, motive, means and consequence of the crime, etc. when it comes to this Court, the punishment as set forth in the Disposition shall be determined by taking into account all of the sentencing factors indicated in the argument in this case, such as the circumstances after the crime.