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(영문) 광주지방법원 2020.11.12 2020고단4206
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 5, 2020, the Defendant, without obtaining a driver’s license on August 14:10, 202, driven an Ecode truck from approximately 500 meters to the front road of the Defendant’s dwelling in the Dong-gu, Gwangju to the “D” restaurant in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. The Defendant’s reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is the Defendant’s criminal intent to observe the law, such as running a drunk driving or driving without a license, even though he/she has been punished several times since his/her driver’s license was revoked in 2007, while maintaining a long-term state of non-licenseed license.

However, in consideration of extenuating circumstances, such as the fact that the defendant has no record of punishment since 2012, there is no record of punishment heavier than imprisonment with prison labor, there is no record of punishment heavier than imprisonment, and the defendant's mistake is pening, the term of punishment shall be set and the execution of the punishment shall be suspended, but probation and community service shall be ordered together so that the defendant can be repeated as a sound member of society, and the punishment shall be determined as same as the order.

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