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(영문) 광주지방법원 2018.03.20 2017고단5262
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2017, the Defendant, without a driver’s license of a motor vehicle around 17:30, driven a freight vehicle B1 ton in the section B from approximately 150km away from the IMM on the front side of the YM Sin-si, Daegu-si, Seogu, Daegu-si, Daegu-gu, Seoul-gu, without a driver’s license, to the rest area of the Daegu-gu Office in the Daegu-gu Highway.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The Defendant committed the instant crime without being aware of the fact that he/she was punished twice due to driving without a license in 2016.

(b) favorable conditions: The fact that the defendant recognized the crime of this case and reflects his mistake, and that he has no record of punishment of suspended execution or heavier due to driving without a license, etc.

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.

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