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(영문) 광주지방법원 2020.08.11 2020고단2882

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 3, 2020, the Defendant, without obtaining a driver's license at around 14:30 on June 3, 2020, driven a car in the Enish Island from the B parking lot in the Seo-gu, Gwangju to the front road in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspected victims of violation of the Road Traffic Act;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 62 (1) of the Criminal Act (including the circumstances, etc. described in the following reasons for sentencing);

1. The defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, has been driving for a long time without obtaining a driver's license, and the defendant is punished four times in total due to drinking and driving without a license, and there is no compliance intent for the defendant, and thus, is sentenced to imprisonment with prison labor.

However, given that there are some extenuating circumstances in the process of committing the instant crime, the term of punishment shall be set and the execution of the sentence shall be suspended, taking into account the circumstances such as the fact that the Defendant committed the instant crime, the Defendant has no history of punishment heavier than imprisonment, and the Defendant’s mistake is pened, and the Defendant’s mistake is divided, but probation and compliance driving lecture shall be ordered together so that the Defendant can be repeated as a sound social member, and the sentence shall be determined as per the text.