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(영문) 광주지방법원 2018.09.11 2018고단2778

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

around 15:45 on June 25, 2018, the Defendant, after singing in Gwangju Mine-gu B, driven a motor vehicle again without a motor vehicle driver’s license within approximately five meters from the parking lot to the D convenience store in C.

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: the Defendant again committed the instant crime without being aware of the fact that he was punished four times due to driving without a license in 2006, 2009, and 2015.

(b) favorable condition: The defendant's acknowledgement of the crime of this case and reflects his mistake;

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.