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(영문) 광주지방법원 2018.01.30 2017고단2504

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 24, 2017, the Defendant, without obtaining a driver's license for a motor vehicle at around 17:30, driven a Category C truck at a section of about 500 meters from the front of the petition farm site located in the Gwangju Northern-dong to the front road of the construction site of the Seoul Northern-dong 412-1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on driving without a license;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Grounds for sentencing under Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (Selection of Imprisonment) concerning the facts constituting an offense;

(a) favorable condition: The defendant recognized the crime of this case and reflected his mistake; and

B. Unfavorable conditions: The Defendant was sentenced to a suspended sentence of one year on October 20, 2016 for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of Road Traffic Act by the Gwangju District Court on the grounds that he/she again committed the instant crime without being aware of the fact that he/she was in the period of suspended execution, which became final and conclusive on October 28, 2016 (the Defendant was issued a summary order of KRW 2 million between the above judgment and the instant case on April 2, 2017). The Defendant did not obtain a driver’s license, and there was no record of criminal punishment at least ten times due to driving without a driver’s license, etc.

C. The Defendant’s age, sex, environment, motive and background leading up to the instant crime, circumstances before and after the instant crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, were considered.