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(영문) 광주지방법원 2020.06.25 2020고단1846
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 24, 2020, the Defendant, without obtaining a driving license at around 10:20 on March 24, 2020, driven C rocketing car at approximately 2 km from the front of the third common road in the Nam-gu Busan Namdong to the front road in Gwangju Dong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of violations of the Road Traffic Act;

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, on the grounds of sentencing of Article 62-2 of the Criminal Act regarding probation and order to attend a lecture, had been punished several times due to driving without a license again, and the Defendant continued to maintain the state ofless license since his/her driver’s license was revoked due to driving without a license in 2016. Therefore, the Defendant is sentenced to imprisonment

However, the term of punishment shall be set in consideration of extenuating circumstances, such as the fact that the Defendant was not punished for driving without a license before the instant case after the cancellation of the license in 2016, and the Defendant’s mistake is pened, and the execution of the sentence shall be suspended, but the probation and compliance driving lecture shall be ordered together so that the Defendant may be repeated as a sound member of society, and the sentence shall be determined as per the order.

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