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(영문) 광주지방법원 순천지원 2017.07.13 2017고단307
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 15, 2017, the Defendant was sentenced to four months of imprisonment and two years of suspended execution as a crime of violating road traffic law (unlicensed driving) in the Gwangju District Court's Netcheon Branch on February 15, 2017, and the said judgment became final and conclusive on February 23, 2017.

On February 10, 2017, around 21:20, the Defendant driven a C body-man car without obtaining a driver's license on the section of about 25 km from the front of the rest area in the direction of the Daejeon Metropolitan City, Chungcheongnam-Yando to the front of the 219.4km in the direction of the Yansan-Yansan Highway.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Previous convictions: Inquiry of criminal history, report on investigation (verification of the same criminal records as the suspect), and application of the statutes of the judgment;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The defendant's reasons for sentencing under Article 62-2 of the Social Service Order Act are the circumstances unfavorable to the defendant that have many same kinds of records, such as prior to the final judgment of the case, and re-offending.

However, if the circumstances of the instant driving are considered and the judgment becomes final and conclusive simultaneously with the offense of violating the Road Traffic Act (unlicensed Driving), the punishment to prevent recidivism shall be determined only once in consideration of equity in the case of judgment.

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