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(영문) 광주지방법원 해남지원 2019.05.16 2019고단79
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 19, 2019, at around 13:36, the Defendant driven a D low-speed car without obtaining a driver's license from around 200 meters to the front road of the Namnam-gun, Namnam-gun, Seoul, and then without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Registers of driver's licenses (Evidence Nos. 4), tea inquiries (Evidence No. 5), mandatory insurance inquiries (Evidence No. 6);

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a sentence, and Article 46 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been punished several times for the same crime, and that he/she causes a physical accident in the course of the crime of this case, etc. is disadvantageous to the defendant.

However, considering favorable circumstances, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of all the sentencing conditions in the records and arguments, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc.

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