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(영문) 광주지방법원 2017.09.07 2017고단2909

도로교통법위반(무면허운전)

Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 20, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle around 14:20, driving a motor vehicle B in the section B in the direction of about 1 kilometer, B, and C, from the direction of the lux village located in the luxe Doe-ri to the front road of the gas station.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes, making inquiries into the ledger of driver's licenses and making a tea inquiry;

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 stay of execution (The following factors shall be considered as favorable to the punishment):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

Unfavorable circumstances: The Defendant repeated the instant crime even though he had been punished twice due to drinking driving (2008, 2010, 2016).

The defendant's driver's license has been revoked since 2008.