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(영문) 광주지방법원 해남지원 2018.01.25 2017고단298
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to imprisonment for four months as a crime of violating the Road Traffic Act (non-licenseless Driving) in the wooden Branch of the Gwangju District Court on January 14, 2016 and was sentenced to two years of suspended execution on October 12, 2016, and is currently under suspended execution.

[Criminal facts] On July 28, 2017, the Defendant driven the E-wing van without the driver’s license from around 4 km to around 09:30, on the front of his house located in the Southern Navy C to D.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. A report on internal investigation (the driver's license register, etc.);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, written confirmation of investigation (A), and text 3 of the judgment;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding criminal facts, and Article 152 Subparag. 1 and Article 153 of the Road Traffic Act regarding the selective sentencing of imprisonment, the Defendant had been subject to punishment on several occasions by driving without a license, and the Defendant repeated driving without a license even though he/she had been under suspension of execution due to the same crime.

Pronouncement of sentence is inevitable.

A specific sentence shall be determined by taking into account the favorable circumstances in which the defendant reflects his/her mistake, and by taking into account all the factors of sentencing revealed in the trial process of this case, such as the age, sex, environment, circumstances, and circumstances after the crime, etc. of the defendant.

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