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(영문) 광주지방법원 2017.01.19 2016고단4497
도로교통법위반(무면허운전)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On August 24, 2016, around 11:20, the Defendant driven a body car into D without obtaining a driver's license from around 5 km section from the front of Gwangju Dong-gu to the health string road located in the Nam-gu Seoul metropolitan Nowon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to enforcement reports and driver's license inquiries;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of the defendant's age, sex, environment, circumstances of crime, circumstances after the crime, etc., the sentence shall be determined as ordered (the sentencing criteria shall not apply to crimes for which the sentencing guidelines have not been set) by comprehensively taking into account the following circumstances: (a) the period of punishment under Article 62-2 of the Criminal Act; and (b) the period of punishment of fines twice due to driving without a license in 2006.

On July 14, 2016, this Court sentenced two years of suspended sentence to imprisonment for a crime of violation of the Road Traffic Act (unlicensed Driving) and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Evacuation Vehicles) on July 14, 2016, and appealed by a prosecutor and tried to commit the instant crime without being aware of the fact that the appellate trial is pending (this Court 2016No 2624).

The favorable circumstances are against the principle of good faith.

In addition to the above two-time fines, there is no history of punishment for driving without a license, and there is no criminal record heavier than a fine after 1993.

The instant crime did not lead to a traffic accident.

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