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(영문) 광주지방법원 2018.08.21 2018고단2389
도로교통법위반(무면허운전)
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

On April 6, 2018, around 11:10, the Defendant driven a B freight vehicle without obtaining a driver's license from around 1km section from the front day of the 339 Gwangju Institute of Science and Technology Promotion to the front day of the 877 Children's Traffic Park, the Defendant driven a B freight vehicle from around 1km to the front day of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: the Defendant committed the instant crime without being aware of the fact that he/she was punished twice due to driving without a license in 2008 and 2014.

(b) favorable conditions: The defendant's recognition of the crime of this case and reflects his mistake, and there is no record of punishment exceeding the fine;

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.

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