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(영문) 광주지방법원 2018.11.06 2018고단3118

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On August 7, 2018, around 14:05, the Defendant driven an E-high typ car without obtaining a driver's license from around 1.5 km section from the front road in Seo-gu, Gwangju to the front road of the same Gu D apartment.

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. Grounds for sentencing under Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (Selection of Imprisonment) concerning the facts constituting an offense;

(a) favorable condition: The defendant recognized the crime of this case and reflected his mistake; and

B. Unfavorable conditions: The Defendant was already punished three times due to driving without a license; the Defendant was sentenced to imprisonment for a violation of Road Traffic Act (non-licenseless Driving) at the Gwangju District Court on May 18, 2017 and was sentenced to two years of suspended sentence for eight months on May 26, 2017, and the judgment became final and conclusive on May 26, 2017, and again committed the instant crime without being aware of the current suspended sentence.

C. The Defendant’s age, sex, environment, motive and background leading up to the instant crime, circumstances before and after the instant crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, were considered.

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