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(영문) 광주지방법원 2016.06.16 2015고단1099
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

On October 14, 2014, at around 23:10, the Defendant driven B cargo vehicles without obtaining a driver’s license from around 8km section from the front of the fighting match exhibition hall in the Southern-gu, Gwangju, to the front road of the father station in the same Dong-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The reasons for sentencing under Article 152 Subparag. 1 of the pertinent Act and Articles 152 and 43 of the Road Traffic Act regarding the crime of this case are as follows: (a) the Defendant was already punished on two occasions by driving without obtaining a license in 2014; (b) the crime of this case was re-offending at least three months after being punished by driving without a license; and (c) the Defendant was still absent after being notified of the date of sentence, and (d) the Defendant was sentenced to a sentence, taking into account such unfavorable circumstances as the Defendant’s continuous absence.

However, there are favorable circumstances such as the fact that the defendant has no record of punishment more than a fine, and that the traffic accident has not occurred due to the driving without the license of this case, it shall be taken into account, and all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex behavior, environment, health conditions, circumstances after the crime, etc., shall be determined as ordered.

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