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(영문) 광주지방법원 2018.08.16 2018고단2499
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 17, 2018, at around 19:30, the Defendant driven a vehicle for three-lane use without obtaining a driver's license, from the apartment underground parking lot of the Mansan-dong, Gwangju to around 8 km in front of the same Gu, from the apartment underground parking lot of the Mansan-dong, the Defendant driven a vehicle for three-lane use without obtaining a driver's license.

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. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act: (a) the reason for the revocation of the driver’s license; (b) the time of the revocation (the revocation of the driver’s license by drinking in 2016); (c) the past record of the punishment for driving without a license (the fine of KRW 1.5 million was issued on March 27, 2017; and (d) the past record of the punishment for driving without a license; and (e) the interval between the past record of the punishment for driving without a license and the interval between the last punishment and the last punishment, etc., shall be determined to be punished by imprisonment at once.

In addition, in consideration of the distance and place of driving without a license, the background leading up to driving without a license, the defendant's age, sex, environment, circumstances after the crime, etc., the punishment as ordered shall be determined.

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