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(영문) 광주지방법원순천지원 2020.12.09 2020고단1899

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 09:50 on July 3, 2020, the Defendant driven D Poter Cargo Vehicles without obtaining a driver's license at approximately 40 km from the Do in front of the C in Jinyang City, to the point of approximately 67 km in the area of the Southern Sea Highway located in Jin-si, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the register of driver's licenses and disqualified statutes of the main office;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act lies in driving without a driver's license, even though the defendant had a history of criminal punishment on several occasions due to drinking and driving without a license, and such risk is high.

However, under the circumstances, such as the defendant's attitude to reflect his mistake in depth, and the fact that there is no record of punishment exceeding a fine, the defendant's age, character, character, environment, criminal records, circumstances and results of the crime of this case, etc., the punishment as ordered shall be determined by taking into account various factors of sentencing as shown in the records, such as the following circumstances