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(영문) 광주지방법원 해남지원 2017.05.18 2017고단113
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 March 6, 2017, around 17:24, the Defendant driven a B-e-car on the front side of the Seoul Yangcheon Police Station located in Dong-dong, Yangcheon-gu, Seoul, Yangcheon-gu, Seoul, without obtaining a driver's license from approximately 5km section from around 99 to the front side of the 270-dong flow-ro, Yeongdeungpo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger (A);

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

1. Article 152 of the Criminal Act applicable to the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Criminal Act selection of punishment, and selection of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the Defendant committed the instant crime without being aware of the record of being punished several times as a crime of violating road traffic laws, including unlicensed driving.

The punishment should be strictly punished, but the punishment shall be determined as ordered in consideration of the fact that the defendant reflects the punishment, and that there is no record of punishment exceeding the fine for the same kind of crime.

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