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(영문) 광주지방법원 2014.09.23 2014고단2785
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 6, 2014, at around 08:45, the Defendant, without a car driver’s license, operated the B 3 car owned by the Defendant from around 20km to the point of 100km away from the 100km away from the Haak-gun, Sungsung-gun, Chungcheongnam-gun, Seoul, the front side of the Hanam apartment located in the Haak-dong, Chungcheongnam-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. Disqualifications for licenses, and application of Acts and subordinate statutes to licenses ledger;

1. It is recognized that there are circumstances such as the pertinent Article of the criminal facts and Articles 152 subparag. 1 and 43 of the Road Traffic Act’s reason for sentencing for the selection of punishment, such as the following: (a) the Defendant’s mistake is divided and reflected; (b) the circumstance that the Defendant caused the instant crime appears to have taken account of the circumstances that led to the instant crime; and (c) there was no additional danger, such as the occurrence of a traffic accident while driving without a license.

However, in light of the fact that the defendant was sentenced to a punishment twice due to the same kind of crime, and in particular, the defendant committed the crime of this case without being aware of the fact that he was sentenced to a suspended sentence of one year for driving under the influence of alcohol and driving without a license at the time of the crime of this case, he was committed without being aware of the suspended sentence. In addition, the defendant's severe punishment is inevitable, taking into account all other circumstances such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime of this case, etc., the punishment as set forth in the argument of this case shall be set as the disposition.

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