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(영문) 광주지방법원 순천지원 2015.02.27 2014고단1986
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On September 11, 2013, the defendant was sentenced to imprisonment with prison labor for the violation of the Road Traffic Act in the order of the Gwangju District Court on September 11, 2013, and is still under suspension of execution.

On November 18, 2014, at around 21:25, the Defendant driven a fluent car without obtaining a driver’s license from around about 500 meters from the front day of the Jeonnam University, which was located in the Young-dong, Jeonnam University, to the front day of the ear apartment located in the same Sinm-dong.

Summary of Evidence

1. Defendant's legal statement;

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

1. Control note;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of criminal records of the same kind), and application of statutes governing judgment;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. The reason for sentencing selective sentence of imprisonment is that the defendant reflects the instant crime, disposes of the vehicle, and the most favorable reason for the defendant to support his family.

However, the defendant not only had the record of punishment for the same kind of driving without permission, but also had the record of committing the crime in this case without being aware of it even though the suspension period for drinking driving is under the suspension period as stated in the first head of the crime in the judgment.

Therefore, the defendant is subject to the corresponding punishment, so it is so decided as per Disposition.

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