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(영문) 광주지방법원 2018.11.15 2018고단3726
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives BN vehicle.

On September 14:30, 2018, the Defendant driven the said vehicle at approximately 10km section from the Gamamamam-ro 251 in Gwangju Mine-gu, and from the Gam-gu 205 parking lot to the high-tech 7-ro 13, 133, 10km-ro 7, 133, 100,000,000 in front of the entrance of the second apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and inquiries about driver's licenses;

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 suspended execution;

1. In light of the fact that the person committed the instant crime since three months have not passed since the driver's license was revoked, he/she had a vehicle in his/her name, even though the driver's license was revoked due to drinking driving, he/she was punished by imprisonment with labor on three occasions with the reason of sentencing under Article 62-2 of the Criminal Act.

In addition, in consideration of the distance and place of driving without a license, the background leading up to the driving without a license, the defendant's age, sex, environment, circumstances after the crime, and the fact that the vehicle is disposed of to a third party, etc., the punishment shall be determined as per the order.

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