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(영문) 광주지방법원 2020.08.11 2020고단2966
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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 June 8, 2020, the Defendant, without obtaining a driver's license on June 17, 2020, driven a Maz car from the front side of the apartment house in Gwangju Mine-gu to the front side of the D convenience store in Gwangju Mine-gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the Motor Vehicle Operation Report Book;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 62 (1) of the Criminal Act (including the circumstances, etc. described in the following reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant was punished twice due to drinking and unlicensed driving; (b) the Defendant was punished several times for other crimes; and (c) the Defendant’s intent to observe the law is weak, such as continuing to own a vehicle while maintaining a state of license after the revocation of the driver’s license in 2018; and (d) the Defendant

However, considering extenuating circumstances, such as the fact that the defendant has no history of punishment heavier than imprisonment for a traffic-related crime, the defendant was not punished for driving without a license after the driver's license was revoked, and the defendant's mistake is pened, the execution of the sentence shall be suspended, and the execution of the sentence shall be suspended; however, the defendant shall be ordered to order probation and the participation in the compliance driving course so that the defendant can be renewed as sound members of society, and the sentence shall be determined as per the order.

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