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(영문) 광주지방법원 해남지원 2017.01.12 2016고단439
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 24, 2016, the Defendant driven at around 10:20, the Defendant, without a driver’s license of a motor vehicle at around 10:20, a vehicle of approximately 5km and three to 3:1 ton of cargo vehicles from the Defendant’s residence in South-west-gun B via the nautical miles in South-west-west, South-west, South-west, west-west, west-west, west-west, west-west.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without 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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant repeats without the license even though he/she had been punished several times for the same kind of crime.

Although the defendant should be punished strictly, the punishment as ordered shall be determined by taking into account all the factors of sentencing revealed in the trial of this case, such as the fact that the defendant is against his/her gender, and the age, sex, environment, records of crimes, circumstances after crimes, etc.

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