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(영문) 광주지방법원 2017.10.12 2017고단3549

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 15, 2017, around 15:45, the Defendant driven a B-II truck without obtaining a driver's license from the construction site near the Korean Hospital located in Seo-gu, Gwangju, Seo-gu, 223, to the front road of the forest hospital located in 686, as from the construction site near the Korean Hospital to the 4km of the forest hospital located in the same Gu.

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. In full view of all the factors indicated in the arguments of this case, including the fact that there was a record of being punished twice due to driving without a license for the reason of sentencing under Article 62-2 of the Criminal Act, but there is no record of crime exceeding fines, reflects that there is no record of crime, alcohol concentration during blood, driving distance, and other kinds of sentencing conditions indicated in the arguments of this case, such as the defendant's age, sex, environment, circumstances of crime, and circumstances after the crime, the sentence as ordered shall be determined