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(영문) 광주지방법원 2017.08.10 2017고단2540
도로교통법위반(무면허운전)
Text

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

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 2, 2017, at around 11:40, the Defendant driven, without a driver’s license, approximately 5 km section from the front day of the mountain golf course in the Southern Doroe-Seoul, Nam-gun to the front day of the middle school located in the same Eup/Myeon as the front day of the middle school in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.

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

There is a family member to support the defendant.

The Defendant repeated the instant crime even though he had been punished twice due to drinking driving and three times (2011, 2012, 2014) due to driving without a license.

The defendant's driver's license has been revoked since 2009.

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