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(영문) 광주지방법원 2016.12.15 2016고단3737
도로교통법위반(무면허운전)등
Text

1. The defendant shall be punished by imprisonment with prison labor for five months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a holder of Bunst Motor Vehicle.

On August 19, 2016, at around 22:10, the Defendant driven the said car without obtaining a driver’s license from around 500 meters section of the 500-meter sections of the 844th high-tech dental hospital to the front road of the 844th high-tech dental hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning unregistered driving, reporting on the current status of driving, ledger of driver's license, and mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The fact that there exists a history of punishment twice (2013, 2015, and 2016) for the punishment of Article 62-2 of the Criminal Act for the purpose of sentencing: Provided, That the punishment as ordered shall be determined by comprehensively taking into account the Defendant’s age, character and conduct, environment, background of the crime, circumstances after the crime, etc., and all of the sentencing conditions shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, circumstances after the crime;

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).

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