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(영문) 광주지방법원 2017.10.26 2017고단3554
도로교통법위반(무면허운전)
Text

The punishment of the accused shall be determined by three months of imprisonment.

Reasons

Punishment of the crime

[criminal history] On July 14, 2016, the Defendant was sentenced to imprisonment for six months as a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Support around Gwangju District Court on July 14, 201 and the said judgment became final and conclusive on July 22, 2016.

[2] On August 9, 2017, around 19:55, the Defendant: (a) around three kilometers from the day before the department store in the Dong-gu, Gwangju-gu to the 77 North Gu office distance; and (b) operated the Category C Sheet C Sheet C without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of driver's licenses and photographs related to driving without licenses;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (verification of suspect probation period, etc.), text of judgment, and text of each summary order;

1. In full view of all the sentencing conditions indicated in the instant case, including the pertinent legal provisions regarding the crime, Articles 152 subparag. 1 and 43 of the Road Traffic Act regarding the selective sentencing of imprisonment, the grounds for sentencing of sentence of imprisonment, and the age, sex, environment of the Defendant, the background and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the sentence as ordered shall be determined.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

There is a family member to support the defendant.

The defendant's driver's license was revoked due to drinking, and the defendant did not know even though he is currently under the suspension of the execution of imprisonment, and committed the crime of this case.

The defendant has been punished twice due to drinking driving, once by driving without a license, once by driving without a license, and once by driving without a license.

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