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(영문) 광주지방법원 해남지원 2016.09.01 2016고단119

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On December 10, 2014, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with labor for a violation of the Road Traffic Act (driving) at the Gwangju District Court on December 10, 2014, and the sentence becomes final and conclusive on December 18, 2014 and is currently under suspended sentence.

【Criminal Facts】

On March 22, 2016, at around 10:45, the Defendant driven a B observer car without a car driver’s license in a section of about 1 km from the front road in front of the Southern-do, Chungcheongnam-do to the front road in front of the Southern-do, Seoul-do, Seoul-do, to the front road in front of the Jinyang-do, Seoul-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, investigation reports (including both attachment of judgment, etc. and judgment attached thereto);

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding the crime, the reason for sentencing of the sentence of imprisonment with labor, the defendant, without a license, committed the crime in this case even though he had the record of five times or more of punishment due to driving without a license, and was under suspension of execution due to the same crime.

It is inevitable to sentence sentence in that the defendant repeats without any particular awareness of the crime.

A specific sentence shall be determined by taking into account the favorable circumstances in which the defendant reflects, and by taking into account all the factors of sentencing revealed in the trial process of this case, such as the age, environment, background of the crime, and circumstances after the crime.