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(영문) 광주지방법원 2014.11.25 2014고단3485
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 September 2, 2014, around 11:24, the Defendant driven a B-to-car car without a driver’s license on a section of approximately 150 meters from the front of the LPG gas charging station located in Mancheon-si, Macheon-si to the front of the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driving Register;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., has a record of having been sentenced to a fine on three occasions from around 201 to around 2012, and in particular, on July 4, 2013, the Defendant was sentenced to four months of imprisonment and two years of suspended execution, and the judgment became final and conclusive at that time, and the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime during the period of suspended execution (as to the judgment on suspended execution, the sentence was invalidated, and the special rehabilitation was taken on January 29, 2014).

However, in light of the fact that the defendant's mistake is divided and reflected, and again, the same crime is not repeated; there is no additional danger, such as traffic accident while driving without the license in this case; and other circumstances that form the conditions for sentencing as shown in the arguments in this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment as shown in the text shall be determined.

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