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(영문) 광주지방법원 2017.07.25 2017고단1720
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Punishment of the crime

On March 15, 2017, at around 15:50, the Defendant driven C-do car at a section of about 150 meters from the front side of the entrance of the market, such as without a driver’s license, located in the Southern-gu Seoul Metropolitan City, to the front side of the new town located in the same Gun branch, without a driver’s license.

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 Suspension of Execution (Taking into account the following factors: (a) the Defendant’s perception of the instant crime and reflects his mistake; (b) the Defendant has been punished once due to driving without a license; and (c) the Defendant has no record of imprisonment or heavier punishment);

1. The observation of protection and the order to provide community service and attend lectures, Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection;

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