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(영문) 광주지방법원 2019.05.23 2019고단1322
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 April 13, 2019, at around 12:45, the Defendant, without obtaining a driver's license on April 13, 2019, driven approximately 5 km from the front of the Defendant's residence in B to the front of the D cafeteria located in C.

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, 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 The reason for sentencing under Article 62-2 of the Criminal Act: (a) the driver’s license was revoked due to driving under the influence of alcohol in around 2003; (b) the two times thereafter, the criminal defendant was punished by imprisonment with prison labor by selecting the defendant at the same time, taking into account the following: (c) the fact that the defendant was subject to a summary order of KRW 1 million due to a violation of the Road Traffic Act (unlicensed Driving) in the Gwangju District Court’s application on January 4, 2010; and (d) on July 22, 2011, the Gwangju District Court received a summary order of KRW 3 million due to a violation of the Road Traffic Act (Unlicensed Driving) and a violation of the Road Traffic Act (D) from the Gwangju District Court’s application on July 22, 2011.

A punishment as ordered shall be determined by taking into account the fact that there was no history of punishment exceeding a fine prior to the crime in this case, the fact that the registration procedure of the vehicle was implemented, the fact that his mistake was recognized, etc., and taking into account other favorable circumstances, the circumstances leading up to driving without a license, the distance and place of driving without a license, the age, character and conduct, environment, circumstances after the crime, etc.

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