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(영문) 광주지방법원 2017.05.18 2017고단445

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

On January 13, 2017, the Defendant, without a driver’s license, driven a chip car from the later side of the second park, such as the walking in the 2nd line of the Southern-gu Southern-gu, Gwangju-gu, to the next parking lot of 202, a light-based apartment building 202, which is located in the 2nd line of the Southern-gu, Gwangju-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

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

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. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the defendant, while having been able to drive a license without license on two occasions, the criminal liability is not minor. However, considering the favorable circumstances that the defendant reflects his/her criminal act, etc., the defendant’s age, sexual behavior, environment, family relationship, motive, means and consequence of the criminal act, and all of the sentencing factors indicated in the arguments of this case, such as the circumstances after the criminal act, etc., shall be determined by taking into account the following factors.