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(영문) 광주지방법원 2018.01.11 2017고단5176
도로교통법위반(무면허운전)
Text

The punishment of the accused shall be determined by three months of imprisonment.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 19, 2017, the Defendant, around 10:20 on October 19, 2017, driven a CNA-si car without obtaining a driver's license from the front of the Madedong apartment road in the same Gu-dong, Yongsandong to the front road of the apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. An inquiry letter of driver's license and the application of statutes to the ledger of driver's licenses;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

The defendant needs to receive medical treatment for a branch of a disease.

D. Unfavorable circumstances: The Defendant repeated the instant crime even though he had been punished on three occasions due to drinking driving and six times due to driving without a license.

The defendant's driver's license has been revoked from around 2012.

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