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(영문) 광주지방법원 2019.04.30 2019고단153
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 January 3, 2019, at around 02:26, the Defendant, without obtaining a driver’s license, driven a car driver’s vehicle from around 6.8 km to the roads front of the Mad Cultural Center located in the Mad Cultural Center in the Madsung-gun, Jeonnam-gun, the Defendant driven a car driver’s vehicle from around 6.8 km to the roads.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the ledger of driver's licenses and report on the state of unlicensed driving;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which takes into account the favorable circumstances

1. The reason for sentencing of Article 62-2 of the Criminal Act and Article 59 of the Probation Act is that it is inevitable to choose a sentence of imprisonment in that the defendant is engaged in driving without a license even though he/she had a record of punishment several times due to drinking or driving without a license.

However, the execution of a sentence shall be suspended in consideration of the fact that the defendant has a previous record of a fine and that the defendant is living against his depth, etc.; however, the execution of the sentence shall be suspended in consideration of the location and distance of the driver without a license; the motive behind the driver without a license; the circumstances after the crime; the defendant's age; character and conduct; and other circumstances which are the conditions for sentencing,

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