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(영문) 광주지방법원 순천지원 2021.02.05 2020고단1876

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Criminal facts

On July 15:45, 2020, the Defendant driven a rocketing car without obtaining a driver’s license from around 1.5 km in a section of approximately 1.5 km in the West-dong located in the same Western-dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The defendant, for reasons of sentencing under Article 62-2 of the Criminal Act, has a history of being subject to criminal punishment on several occasions due to drinking alcohol driving and non-licensed driving on October 7, 2016. In particular, on October 7, 2016, he/she was sentenced to imprisonment with prison labor for six months and a two-year suspension of execution due to driving without a license, etc., and he/she again drives without a driver's license. Such a crime is very heavy (a continuous driving of drinking or non-licensed driving on the same vehicle since 2008): Provided, That the defendant seems to have a profound attitude against his/her mistake, and again, he/she would not drive drinking or non-licensed driving.

In light of the defendant's age, sex, environment, criminal history, circumstances and results of the crime of this case, the conditions of various sentencing indicated in the records, such as the situation after the crime, etc., the punishment shall be determined as per the order.