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(영문) 광주지방법원 2015.06.11 2015고단908
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On February 25, 2015, the Defendant, without obtaining a driver's license on February 11, 2015, driven a Cunstun car at approximately 1 km section from the front of the North Northbuk-gu, Gwangju to the roads in front of the middle-gu, Jungdong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant had already been punished three times due to an unlicensed driving, and the fact that he/she again drives without a license is disadvantageous.

On the other hand, the fact that the defendant confessions the crime of this case and reflects it, and the time when the defendant was finally punished for driving without a license is about 10 years prior to the crime of this case.

The punishment shall be determined as ordered in full view of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, health condition, circumstances after the crime, and circumstances after the crime.

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