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(영문) 광주지방법원 2016.05.19 2016고단936

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 19, 2016, around 14:40, the Defendant driven the B-wing truck without the driver’s license from around 2km section from the front of the “use restaurant” in the Yongsan-gu, Gwangju to the front road located in the 677-ro, Gwangjubuk-gu.

Summary of Evidence

1. Statement by the defendant in court;

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. The reason for sentencing under Article 62-2 of the Criminal Act, including the protection and observation, the community service order and the order to attend a lecture, was already punished four times from 2009 to 2010 due to the non-licenseless driving, and the defendant was not subject to traffic accident due to the non-licenseless driving of this case, the defendant does not repeat again, and there are two minor children to be supported by the defendant. Thus, in consideration of this, the defendant's decision to choose imprisonment only once to suspend the execution, and the sentence shall be determined as per the order by comprehensively taking into account all the sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, health conditions, the circumstances after the crime, etc.