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(영문) 광주지방법원 해남지원 2020.01.09 2019고단290
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 June 18, 2019, at around 10:10, the Defendant driven Done Star Co., Ltd. without obtaining a driving license from a vehicle driving license in a section of about 5 km in front of the front road in the west-gun, Namnam-gun, Namnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

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

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant continues to commit the crime of driving without obtaining a license after the revocation of the driver’s license in 199.

Defendant has been punished six times for the same crime, and the crime of this case was discovered as a crime without a license on May 1, 2019 and was requested to summary order, and the possibility of criticism is high.

However, considering the fact that the defendant recognizes the crime, there is no record of punishment heavier than the fine due to the same crime, and the defendant's age, character and conduct, environment, motive, means and result of the crime, and all of the sentencing conditions in the pleading, such as the circumstances after the crime, etc., the punishment shall be determined as ordered.

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