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(영문) 광주지방법원 2017.08.24 2017고단2160
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 19, 2017, at around 17:35, the Defendant driven a vehicle on the Bandco in the section of approximately 300 meters from the front of the previous pharmacy to the front road of the same Gu, while driving a vehicle on the Bandco without obtaining a driver’s license from the section of approximately 300 meters from the front of the previous pharmacy to the front road of the same Gu.

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 investigation reports;

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 person recommits the instant crime even though he/she was punished on three occasions or one occasion due to driving without a license due to drinking;

(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.

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