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(영문) 광주지방법원 해남지원 2017.08.10 2017고단220
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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 May 24, 2017, around 15:26, the Defendant driven a car with C low-speed without a vehicle driver’s license from the Defendant’s house located in Jindo-gun B to the intersection of tin in the south-gun, west-gun, west-gun to the intersection of tin located outside of Dong and Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

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

1. Application of Acts and subordinate statutes to report internal death (as to the distance of transfer and driving of the case)

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures was that the Defendant had been punished several times due to driving without licenses, but again operated without license without any awareness of any particular crime.

Although the defendant should be punished strictly, the suspension of execution shall be imposed only once in consideration of all the sentencing factors revealed in the trial process of this case, such as the defendant's age, sex, environment, driving circumstances without a license, and circumstances after the crime.

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