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(영문) 광주지방법원 2017.02.16 2016고단5001
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 25, 2016, at around 06:50, the Defendant driven a BMF5 car without a driver's license from the road located in the Gwangju Mine-gu, Gwangju, to the roads located in the Gwangjubuk-dong, Chungcheongnam-dong, Gwangju, about 10km.

Summary of Evidence

1. Statement by the defendant in court;

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

1. There is a record of being punished several times due to driving without a license for the reason of sentencing, Article 152 subparagraph 1 of the relevant Act and Article 152 and Article 43 (Selection of Imprisonment) of the Road Traffic Act concerning the crime;

On October 13, 2016, this court was sentenced to two years of suspended sentence for violating the Act on Special Cases concerning the Settlement of Traffic Accidents on October 13, 2016, and the judgment became final and conclusive on October 21, 2016, and committed the instant crime without being aware of the fact that the judgment was under suspended sentence.

It is inevitable to sentence sentence in light of such unfavorable circumstances.

However, the fact that the crime of this case is against the law, and the fact that the crime of this case does not lead to a traffic accident shall be considered as favorable circumstances.

In addition, comprehensively taking into account all the sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered (the sentencing criteria shall not apply to a crime for which no sentencing guidelines have been set).

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