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(영문) 광주지방법원 2017.09.14 2017고단2674
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 19:40 on June 1, 2017, the Defendant, without a driver’s license, driven a car with CW in a section of about about 20 meters from the front day of the Ydong-dong elementary school in Gwangju, North-dong, to the same dong-dong off intersection.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to a driver's license;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

(a) Unfavorable conditions: The fact that the instant crime was committed again even though he was punished four times in total on the year 2002, 2004, and 2005 due to driving without a license;

(b) favorable conditions: the fact that the defendant recognizes the crime of this case and reflects his mistake, there is no record of punishment more than the suspension of execution, and the health of the defendant is not adequate at present;

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.

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