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(영문) 광주지방법원 2018.10.11 2018고단3214
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 10, 2018, around 08:50, the Defendant driven a two-km car from around 2 km section from around 10-19, a one-lane in the center of the Cro of the Gwangju Mine-gu, Gwangju to the front road of the vice-house in the same Gu without obtaining a driver’s license.

2. On August 11, 2018, around 08:47, the Defendant driven a motor vehicle of approximately 2 km from around 10-19, a one-way ro in the center of the valley of the Gwangju Mine-gu, Gwangju, to the front road of the subordinate apartment located in the same Gu, without obtaining a motor vehicle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of the CCTV accident scene Acts and subordinate statutes;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Traffic Act that choose a penalty.

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

(a) favorable condition: The defendant recognized the crime of this case and reflected his mistake; and

B. Unfavorable Conditions: The Defendant was already punished five times due to driving without a license, and the Defendant was sentenced to a suspended sentence of one year for six months due to a violation of Road Traffic Act (unlicensed Driving) at the Gwangju District Court on September 7, 2017; on September 15, 2017, the said judgment became final and conclusive and conclusive on September 15, 2017, again commits the instant crime without being aware of it during the suspended sentence; and eventually causes a traffic accident during driving without a license, etc.

C. The Defendant’s age, sex, environment, motive and background leading up to the instant crime, circumstances before and after the instant crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, were considered.

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