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(영문) 광주지방법원 2017.10.19 2017고단3206
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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 June 22, 2017, around 07:25, the Defendant driven a B Sp-type car without obtaining a driver’s license from approximately 1 km section from 23rd to the front road of the mine police station located in 551, as it was from the 23rd road to the Songnam-gu, Gwangju Mine-gu, Gwangju, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable condition: The Defendant again committed the instant crime without being aware of the fact that he was punished for driving without a license in 2017.

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.

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