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(영문) 광주지방법원 2016.08.18 2016고단2250
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 12, 2016, from around 15:00 to 10:00 the following day, the Defendant driven a C-car without obtaining a driver’s license from the street in front of the Defendant’s residence in Gwanak-gu in Seoul Special Metropolitan City to the 290km-gu Seoul Mine Village Promotion Scench apartment road.

Summary of Evidence

1. Statement by the defendant in court;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the period of punishment forless driving of the accused (the period of punishment forless driving of a license without permission in around 2015 is not more than three times, and there is no more punishment than fines), driving distance, and all the conditions of sentencing specified in the pleadings of the instant case, including the accused’s age, sex, criminal conduct, environment, health conditions, circumstances after the commission of the crime, etc., shall be determined as per the disposition.

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