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(영문) 광주지방법원 2020.05.07 2019고단5212
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2019 Highest 5212] On October 24, 2019, the Defendant driven a rocketing car in the section of approximately 100 km from the front side of the Gyeongsung-gun to the front side of the 100 km from the front side of the west-gun to the end of the west-si, without obtaining a driving license on October 18, 2019.

[200 Godan1028] On February 23, 2020, the Defendant, without obtaining a driver’s license around 16:50 on February 23, 2020, driven the said rocketing car from the roads in front of the Cheongsung-gun, Sungsung-gun, Youngcheon-ro, 200, to the roads in front of the F convenience store located in the Seo-gu, Gwangju.

Summary of Evidence

[2019 Highest 5212]

1. Defendant's legal statement;

1. 112 reported case handling table;

1. The register of driver's licenses (2010 highest 1028);

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Article 152 of the Road Traffic Act and Articles 152 subparagraph 1 and 43 of the same Act concerning the punishment for a crime;

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 (including the circumstances, etc. described in the following reasons for sentencing);

1. The Defendant for the reason of sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order is sentenced to imprisonment with prison labor for the Defendant, on the grounds that the Defendant committed each of the instant crimes over two occasions, even though he had the record of being punished once as a suspended sentence and four times as a fine due to an unlicensed driving.

However, considering the fact that there are some extenuating circumstances for the Defendant to commit each of the crimes in this case, the period of punishment shall be suspended once, and the execution of the punishment shall be suspended at the same time in order to prevent the Defendant from committing the crimes in this case, taking into account the fact that the previous crime in this case was committed before 12 years, the Defendant committed a crime before the above suspension of execution, and the Defendant’s late and late correction, but the Defendant shall also order probation and the participation in compliance driving to prevent the

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