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(영문) 광주지방법원 해남지원 2020.05.21 2020고단41
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 10:40 on January 21, 2020, the Defendant driven a D non-motor vehicle at a section of about 3 km from around 3 km to the front road of the Korean National Assembly in front of the Donnam-do, Chungcheongnam-do, Chungcheongnam-do, Seoul Special Metropolitan City (Seoul Special Metropolitan City), without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. A certificate of a person;

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant had had the record of being punished by driving a motor vehicle with no driver’s license two times after the revocation of the driver’s license due to drinking driving in the past, but again has reached the instant crime.

However, the Defendant was a strong horse that raises children living alone and caused them to commit the instant crime for the medical treatment of the children, and there is a reason to consider the motive for the instant crime.

The defendant is dissatising and opposing his wrongs.

In addition, the punishment as ordered shall be determined in consideration of the age, character, conduct and environment of the defendant, motive, means and result of the crime, the circumstances after the crime was committed, etc.

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