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(영문) 광주지방법원 해남지원 2017.06.22 2017고단132
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence for six months of imprisonment for a crime of violation of road traffic law at the Southern Branch of the Gwangju District Court on July 7, 2016, and the sentence becomes final and conclusive on July 15, 2016 and is currently under suspended sentence.

[2] On April 10, 2017, the Defendant, without a vehicle driver’s license, driven a C rocketing car at approximately 500 meters away from the mar apartment parking lot located in the nautical miles of the Namnam-gun, Namnam-gun, Namnam-do to the front road of the lear hospital located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. A report on internal investigation (the driver's license register, etc.);

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, report of investigation (a) (Attachment to confirmation during the period of suspension of execution and attachment to the same kind of power), search of cases, text of judgment, and copy of summary order;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding criminal facts, and Article 152 Subparag. 1 and Article 153 of the Road Traffic Act regarding selective sentencing, the Defendant had been punished twice by a licenseless driving, and the Defendant repeated a licenseless driving without any particular formula even though he/she had been under suspension of the execution due to drinking.

It is inevitable to sentence a sentence even when considering certain favorable circumstances, such as the reflection of the defendant.

In determining the specific sentence, all the factors of sentencing revealed in the trial of this case, such as the age, sex, environment, background, circumstances after the crime, etc. of the defendant, shall be considered.

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