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(영문) 광주지방법원 해남지원 2019.07.25 2019고단233
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 May 23, 2019, the Defendant driven C truck without obtaining a driver’s license at a section of about 80 km from an insular place (hereinafter referred to as Mapopo-si) to the front day of Ynam-gun B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act requires strict punishment for the defendant in light of the fact that the defendant had been punished four times due to unauthorized driving even before the sentencing, that the defendant repeats without any particular awareness, and that the defendant drives a considerably long distance of distance, etc.

However, the fact that the defendant reflects his mistake, that the Dong residents want to support the defendant, and that there is a mother to support the defendant, etc. shall be considered as favorable circumstances.

In addition, the punishment as ordered shall be determined in consideration of the age, character and conduct, environment, motive, means and result of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.

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