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(영문) 광주지방법원 2016.12.22 2016고단3356
도로교통법위반(무면허운전)
Text

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

Reasons

Punishment of the crime

On July 20, 2016, at around 21:20, the Defendant driven a DNA car without obtaining a driving license from around approximately 150 meters away from the front of the Dong forest hospital located in Seo-gu, Seo-gu, Gwangju to the front of the 668 Gwangju Bank located in the same Gu, as the Hanam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the standing report on driving without a license, and driver's license inquiry;

1. Five times a year of suspended sentence is imposed on April 2014 due to the pertinent Article of the Criminal Act and Articles 152 subparag. 1 and 43 of the Road Traffic Act, which are applicable to the choice of criminal facts, and the driving without obtaining a license for sentencing, and has been punished five times a year of suspended sentence;

It is inevitable to sentence sentence in light of such unfavorable circumstances.

However, the following shall be considered as favorable circumstances:

It is against the rule of law.

The driving distance is short.

The instant crime did not lead to a traffic accident.

In addition, comprehensively taking into account the age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, all the sentencing conditions specified in the pleadings of the case shall be determined as ordered.

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).

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