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(영문) 광주지방법원 장흥지원 2017.09.07 2017고단124

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 June 20, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle around 14:30 on June 20, 2017, driven the motor vehicle of Bwing and Ⅲ at approximately 15 km from the village of the Singu-In, Sinsan-gun, Chungcheongnam-gun, Seoul, to the front of the trim of the same Gun.

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 factors of favorable sentencing: the fact that the defendant recognized his mistake and reflecteds his mistake, and the fact that the defendant appears to be a crime of living for the purpose of operating his occupation: The fact that there are two previous convictions and four previous convictions.