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(영문) 광주지방법원 해남지원 2020.04.23 2020고단26
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

On January 11, 2020, at around 07:20, the Defendant driven a freight vehicle Ewing-III without obtaining a driver's license in a section of about 734 meters from the front of the Dondo Donnam-gun B market to D in front of the road located in the Dondo Dondo.

Summary of Evidence

1. Defendant's legal statement;

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

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

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. The reason for sentencing under Article 62(1) of the Criminal Act was that the Defendant had already been punished by a fine due to driving without a license in the past, but again led to the instant crime.

In addition, it is inevitable to choose the sentence of imprisonment because the defendant has failed to function as a punishment.

However, the defendant seems to have caused the crime of this case as a means to maintain his livelihood.

One's mistake is divided and the other is to prevent recidivism.

In addition, as seen earlier, although the defendant was punished for the same kind of crime, there is no record of punishment exceeding the fine.

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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