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(영문) 전주지방법원 남원지원 2015.09.22 2015고단171
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

On July 23, 2015, at around 13:45, the Defendant driven a B B B B-type car without a car driver’s license in a section of about 2 km from the Do near the Southern-do Intersection in the Southern-do.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to report the situation of driving without a license;

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 (The following factors of sentencing shall be taken into account):

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., even though he/she had been already punished five times or more due to the same kind of crime, again commits a second offense is disadvantageous to the defendant.

However, considering the fact that the defendant reflects his criminal act, the fact that the distance of driving without the license of this case is not long, the circumstances favorable to the defendant shall be considered, and all other sentencing conditions specified in the argument of this case shall be considered, and the sentence shall be determined like the order.

It is so decided as per Disposition for the above reasons.

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