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(영문) 광주지방법원 순천지원 2017.12.21 2017고단1443

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for 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

1. On April 7, 2017, the Defendant, at around 17:10 on April 7, 2017, drive a D-wing freight truck without a driver’s license, at a section of about 2 km of about the same 2km air conditioning distance from the Dobong-gu Seoul Metropolitan City LG Agricultural Organization to the same Masan-si, Simsan-si.

2. On June 14, 2017, around 11:50, the Plaintiff driven the said cargo at a distance of about 2 km in front of the Jin apartment, located in 15 (Masan-ro), from the restaurant at the Gumar-ro 15 (Masan-ro), to the intersection of the Jin apartment, located in about 83 (Gumar-Eup) 1-gil 1-ro of the same Gun.

Accordingly, the defendant was driving a motor vehicle without obtaining a driver's license on a total of two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Evidence, photographs and on-site photographs;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is highly likely to be criticized in light of the fact that the Defendant was sentenced to two years of imprisonment for a period of five-month suspension on November 6, 2015 due to a violation of road traffic law (licenseless driving) in the Gwangju District Court’s net support on November 6, 2015, even though he/she had a number of same records, such as being sentenced to two years of suspended sentence for five-month suspension.

However, there are special amnesty and circumstances to consider the defendant, such as the defendant's failure to obtain a driver's license from the Do governor, etc., the punishment to prevent recidivism shall be determined only once.