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(영문) 광주지방법원 장흥지원 2017.06.15 2017고단69

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On April 19, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle around 21:20 on April 19, 2017, driven B freight at a 1km section from the day to the day before the village in the same Myeon in the same Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without licenses, and 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.

The elements of favorable sentencing: The elements of unfavorable sentencing, such as the fact that the defendant acknowledges and reflects his mistake, that the defendant maintains his livelihood as old-age pension because it is difficult to work due to the lusent and government diseases: Two previous convictions; in particular, even if he was sentenced to a fine on February 10, 2017 by driving without a license on February 10, 2017, he driving without a license again at the time of the lapse of two months.