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(영문) 광주지방법원 2017.07.13 2017고단1992

도로교통법위반(무면허운전)

Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 21, 2017, the Defendant driven a car of approximately 100 meters from the shopping mall prior to the shopping mall of the Jung-gu Seoul Central District, Jung-gu, Seoul, to the same Maro-ro 22 U.S. shopping mall, without a driver's license, around 23:11.

Summary of Evidence

1. Statement by the defendant in court;

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

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 stay of execution (The following factors shall be considered as favorable to the punishment):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

Since around 2010, the defendant has lived faithfully without criminal records.

Unfavorable circumstances: The Defendant repeated the instant crime even though he had been punished on six occasions due to drinking, driving without a license, etc.

The defendant's driver's license has been revoked from around 2004.