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(영문) 광주지방법원 2017.11.30 2017고단3520

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for not less than five 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

On August 9, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle on August 16:35, 2017, driven a DNA cargo vehicle from the road near the residence of the Defendant located in Gwangju Mine-gu to the Standing Democratic City, Seo-gu, Gwangju, to approximately 104, both villages, from approximately 9.6km to the two villages,

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Reporting on detection (operation without a license);

1. An explanatory note;

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

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant had three-timeless driving skills, and even if he had three-timeless driving skills, the liability for the crime is not easy. However, considering the favorable circumstances that the defendant reflects the crime, and that there is no criminal history exceeding the fine due to driving without a license, etc., the defendant’s age, sex, sex, environment, family relationship, motive, means and consequence of the crime, and all of the sentencing factors indicated in the arguments of this case, such as the circumstances after the crime, etc., the punishment shall be determined as ordered.