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(영문) 광주지방법원 2020.09.10 2020고단3248
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for 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 12, 2020, the Defendant, without obtaining a driver’s license on June 16, 2020, driven a f-wing truck from approximately 100 meters away from the front of the “C” restaurant in the Dong-gu, Gwangju to the front of the E Center in the same 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 reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a course is that the Defendant was punished for driving without a license for a long period of four times after the revocation of a driver’s license in 2005, and the period of time between the Defendant’s last unlicensed driving and the instant crime is not significant, and the Defendant’s criminal intent is weak, such as holding a vehicle without a driver’s license, and thus, the Defendant is sentenced to imprisonment.

However, considering extenuating circumstances, such as the fact that the defendant has no record of punishment heavier than imprisonment yet, and that the defendant's mistake is repented late, the term of punishment shall be set and the execution of the punishment shall be suspended, but probation and compliance driving lectures shall be ordered together so that the defendant can be repeated as a sound member of society, and the punishment shall be determined like the order.

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