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(영문) 광주지방법원 순천지원 2017.02.01 2015고단2028
도로교통법위반(무면허운전)
Text

The defendant shall be punished by imprisonment with prison labor for two months for the crime of Article 1 of the judgment, and imprisonment with prison labor for six months for the second crime of the judgment.

Reasons

Punishment of the crime

1. On August 28, 2014, the Defendant was sentenced to a suspended sentence of two years on September 16, 2014 and the said judgment was finalized on the 24th day of the same month, when the Defendant was sentenced to a suspended sentence of two years on the grounds of the same crime in the Jinwon District Court’s Jinju Branch Branch on September 16, 2014.

On August 28, 2014, at around 13:15, the Defendant driven a coo vehicle in B without a driver’s license from around 30 meters from the front side of the “nive line” to the front side of the fishing village in the same time-dong.

2. A driver’s license without permission on December 11, 2015 [2016 order 31] Around December 201, 2015, the Defendant driven a vehicle C Corhon truck without a driver’s license in a section of about 600 meters from the front of the mutual influence in the Mancheon-gun, Mancheon-gun, Mancheon-gun to the front of the congested tower located in the same Mancheon-si.

Summary of Evidence

A previous conviction on the ledger of driver's license of a motor vehicle in the police interrogation protocol for the accused: Application of a reply to inquiry, such as criminal history;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act concerning the facts constituting an offense; Articles 11 and 55(1)3 of the Criminal Act concerning the option of imprisonment with prison labor;

2. After Article 37 of the Criminal Act, Article 39 (1) of the same Act: Provided, That Article 39 (1) of the same Act shall apply to a crime as decided in its holding)

3. The punishment shall be determined in consideration of the fact that the defendant, for the reason of sentencing under Article 62 (1) of the Criminal Act, has a record of criminal punishment several times including the suspension of execution due to drinking or driving without a license, and the defendant repeats driving without a license even during the period of enforcement.

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