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(영문) 광주지방법원 2017.09.14 2017고단2635
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 9, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle around 22:13, driven the motor vehicle from the front side of the head of Sungsung-gun, Sungsung-gun to the 4rd side of the 25km away from the 25km section of the 25km-dong, Gwangju-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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 fact that the instant crime was committed again even though he/she was punished once in 2017 due to driving under drinking, twice in 200, 2017, or one time due to driving without a license;

(b) favorable conditions: the fact that the defendant recognized the crime of this case and reflects his mistake, and that he has no record of punishment of suspended execution or heavier due to driving without a license, etc.

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.

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