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(영문) 광주지방법원 2015.05.28 2015고단714
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

At around 11:40 on February 15, 2015, the Defendant, without obtaining a driver’s license, driven a BH car at approximately 10 km from the front of the World Sports Center located in the valley of the Gwangju Mine-gu to the front road of the 241 UP resource in the Gwangju Mine-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The reason for sentencing in Article 62-2 of the Criminal Act on probation and order to attend a lecture was that the Defendant had been punished three times from 2012 due to unauthorized driving, but was still driving without a license again at the time of the last punishment less than six months.

However, the traffic accident did not occur due to the driving without the license of this case, and the defendant is expected not to resume driving without the license of this case.

The punishment shall be determined as ordered in full view of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, health condition, circumstances after the crime, and circumstances after the crime.

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