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(영문) 광주지방법원 목포지원 2016.01.04 2015고단674
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[2015 Highest 674] On May 14, 2015, the Defendant was sentenced to a suspended sentence of one year for six months as a crime of violation of road traffic law (unlicensed driving) in the Gwangju District Court's wooden Branch on May 14, 2015 and the judgment became final and conclusive on May 22, 2015.

On April 16, 2015, at around 11:40, the Defendant driven a freight vehicle with Cribe without obtaining a driver's license from around 7 km to the front road in front of the charges for the mine in the area where it is located in Seo-gu, Seo-gu, Seo-gu, Gwangju Metropolitan City, a land-free highway located in Seo-gu, Gwangju.

Summary of Evidence

[2015 Highest 674]

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Previous convictions in the judgment: A inquiry letter, such as criminal history, investigation report (verification of the fact that the period of suspension of the execution of the past criminal history of the same kind is in progress), application of the judgment-related

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. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Article 62 (1) of the Criminal Act on the stay of execution (the following sentencing shall be taken into account):

1. Although the sentencing of Article 62-2 of the Criminal Act for the observation of protection and observation has a career of having been punished several times due to driving without a license, the sentence against the defendant shall be determined as ordered, taking into account the fact that the defendant's mistake is recognized and against himself, the defendant's age, sex, and the case of a violation of the Road Traffic Act (unlicensed driving) for which judgment has become final and conclusive, and the execution thereof shall be suspended on the condition of observing the protection.

The acquittal portion

1. The summary of the facts charged [2015 Highest 844] The defendant is going to complete the Corporation of the Republic of Korea by paying the victim the amount of five million won to the victim, while performing the restoration work for stables of the victim E, operated by the victim E, around March 14, 2011.

“A false statement was made to the effect that it was “.”

However, the defendant is driving a motor vehicle around March 6, 201.

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