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(영문) 광주지방법원 목포지원 2018.12.14 2018고단864
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal history] On March 15, 2011, the Defendant was sentenced to a fine of KRW 3 million due to a violation of road traffic law (unlicensed driving) in the application of the Gwangju District Court on March 15, 2011, and had three same kinds of records.

[2] On August 1, 2018, the Defendant driven a B rocketing car without obtaining a driver’s license from the front of the second apartment in front of the 2nd apartment in front of the 2nd apartment to the intersection of the 3.5km in front of the 3.5km in front of the 2nd apartment in front of the 2nd apartment in front of the 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of driver's licenses and detailed statements of revocation of driver's licenses;

1. Criminal records as stated in the judgment: The application of a reply to inquiry, such as criminal history, investigation report (verification of suspect's unlicensed driving records), and summary order under two Acts and subordinate statutes;

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. The grounds for sentencing under Article 62-2 of the Criminal Act include the following three times: (a) the Defendant was subject to criminal punishment for the same crime, such as the record of the relevant crime; (b) the Defendant has no record of criminal punishment in addition to fines; and (c) the confession and reflect of the instant crime; and (d) the sentencing grounds indicated in the record shall be determined as the sentence as indicated in the order.

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