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(영문) 광주지방법원 2017.09.14 2017고단3296
도로교통법위반(무면허운전)
Text

The punishment of the accused shall be determined by three months of imprisonment.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to imprisonment for six months with labor for a crime of violating the Road Traffic Act at the Gwangju District Court on May 11, 2017 and was sentenced to two years of suspended execution on May 19, 2017, and is still under suspended execution.

[2] On June 23, 2017, the Defendant, without a vehicle driver’s license, driven D1 ton cargo vehicles from the front day of the restaurant “Yananando Sb,” which was located 175 times in each of the regions of the Yan-gun, Nam-gun, Yan-gun, Seoul, to the front day of the 20-1 Do of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with regard to F;

1. The driver's license ledger;

1. A report on internal investigation (related to attaching a list of reported cases) (112);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification during the period of suspension of execution);

1. In full view of all the sentencing conditions indicated in the instant case, including the pertinent legal provisions regarding the crime, Articles 152 subparag. 1 and 43 of the Road Traffic Act regarding the selective sentencing of imprisonment, the grounds for sentencing of sentence of imprisonment, and the age, sex, environment of the Defendant, the background and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the sentence as ordered shall be determined.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

The defendant needs to receive medical treatment for a branch of a disease.

There are circumstances in which the defendant's unauthorized driving is discovered.

The defendant's driver's license was revoked due to drinking, and the defendant did not know even though he is currently under the suspension of the execution of imprisonment, and committed the crime of this case.

In addition to the defendant, the defendant has been punished twice due to drinking and three times due to driving without a license.

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