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(영문) 광주지방법원 2017.07.25 2017고단1921

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Punishment of the crime

On April 23, 2017, at around 10:00, the Defendant driven a car BM5 without a driver's license from around 3km section from the front of the third apartment of the apartment of the Bamdong-dong, Gwangju to the front of the Gu office located in the Dong-gu, Gwangju to the front of the Gu office located in the Dong-gu, Gwangju Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

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. Article 62 (1) of the Criminal Act on the Suspension of Execution (Taking into account the following factors: (a) the Defendant’s perception of the instant crime and reflects his mistake; (b) the Defendant has been punished twice due to driving without a license; and (c) the Defendant has no record of imprisonment or heavier punishment);

1. The observation of protection and the order to provide community service and attend lectures, Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection;