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(영문) 광주지방법원 해남지원 2016.06.23 2016고단126
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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

On March 27, 2016, around 15:25, the Defendant driven B Poter freight without obtaining a driver’s license from around approximately 1.5 km section from around the 15 km road in the vicinity of the Southern-gun, Chungcheongnam-do, Chungcheongnam-do, Seoul, to the front day of the Yando located in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of enforcement manual statutes;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant repeated the driving without a license, even though he/she had been punished for driving without a license on several occasions.

Although it should be strictly punished for the defendant, considering the favorable circumstances in which the defendant reflects his gender, and taking into account all the factors of sentencing revealed in the trial process of this case, such as the age, environment, background of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined.

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