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(영문) 광주지방법원 2018.01.25 2017고단3555
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 August 8, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle around 10:40, driving a two-way multi-unit apartment parking lot located under thewest of Gwangju Northern-gu from approximately 1.5 km to the front of the high-tech hospital located in Gwangju Northern-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of drivers in violation of the Traffic Act on roads;

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 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. Although the punishment of a fine was imposed on April 5, 2017 on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution and Punishment, it is not too much long even if it was sentenced to a fine for driving without a license, in light of the fact that the crime was committed without a license, the liability for the crime was not easy. However, considering the favorable circumstances, such as the fact that the Defendant reflects the crime, and the fact that the Defendant has no record of committing the crime exceeding the fine, the Defendant’s age, sex behavior, environment, family relationship, motive, means and consequence of the crime, etc., the sentence shall be determined as per the disposition, taking into account all the factors of the punishment

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