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(영문) 광주지방법원 순천지원 2017.03.23 2016고단2852

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four 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 October 8, 2016, around 18:30, the Defendant: (a) driven a car without obtaining a driver’s license in a section of about 300 meters in front of the luminous market located in the same Dong and located in the same Dong from the front of the luminous-dong, Jeonyang-si; and (b) drive the car without obtaining a driver’s license in front of the golf practice site.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes on the scene of traffic accident;

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 suspended execution;

1. In light of the fact that there are a large number of defendants with reasons for sentencing of Article 62-2 of the Criminal Act for the observation of protection and the order to attend lectures, and that the same vehicle without a license is controlled by the same vehicle, the risk of recidivism is high.

In consideration of the fact that the defendant scraps an automobile and does not repeat the offense, a punishment to prevent recidivism shall be determined.