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(영문) 광주지방법원 해남지원 2019.11.28 2019고단336
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 18, 2019, at around 17:50, the Defendant driven a D-wing truck without obtaining a driver's license from a distance of about 1.3km from the 190-11 km to the sck intersection located in B in the 190-Nnam-gun, Namnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The register of driver's licenses (the No. 4 lists of evidence);

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

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend lectures, is that the Defendant continues to commit a crime without any license without any specific awareness, even though he/she had not obtained a driving license

The defendant was punished seven times, including the past record of the suspension of the execution of imprisonment with prison labor due to driving without a license.

However, considering the fact that the defendant's mistake reflects the defendant, the defendant has no record of punishment heavier than the suspension of the execution of imprisonment, and the other factors of sentencing specified in the records and arguments, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment shall be determined as ordered.

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