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(영문) 광주지방법원 2017.07.13 2017고단2038
도로교통법위반(무면허운전)
Text

The punishment of the accused shall be determined by three months of imprisonment.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives B rocketing another car.

From March 10, 2017 to July 2, 2017, the Defendant, even though the validity of a driver’s license was suspended, was driving the said car from around 11:00 on May 14, 2017 to around 101 on the roads of the business set-off parking lot located in the Dong-gu, Gwangju-gu, Gwangju-dong to the center of the Nam-gu, Nam-gu, Gwangju-gu, with approximately KRW 1 km from the front of the car set-off parking lot to the road front of the sales promotion unit.

Summary of Evidence

1. Statement by the defendant in court;

1. License register and next inquiry;

1. Application of Acts and subordinate statutes, such as prior notification of driver license suspension;

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 stay of execution (The following factors shall be considered as favorable to the punishment):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

The Defendant committed the instant crime without being aware of the fact that he was sentenced to a fine due to drinking, and the driver’s license was suspended.

The defendant has a record of receiving juvenile protective disposition several times due to driving without a license.

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