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(영문) 광주지방법원 2017.10.26 2017고단3707
도로교통법위반(무면허운전)
Text

The punishment of the accused shall be determined by three months of imprisonment.

Reasons

Punishment of the crime

[Criminal Records] On February 9, 2017, the Defendant was sentenced to a suspended sentence of two years for six months, due to a violation of road traffic law (unlicensed driving) at the Gwangju District Court, and the judgment was finalized on the 17th of the same month.

[2] On July 25, 2017, the Defendant driving a DNA motor vehicle without obtaining a driver’s license from the vicinity of the Agricultural and Fishing Villages Corporation located in the Masan-dong in Gwangju Mine-gu to the lower end of the U.S. Station located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of criminal records of the same kind of crime as the suspect), text of judgment, and copies of each summary order;

1. In full view of all the sentencing conditions indicated in the instant case, including the pertinent legal provisions regarding the crime, Articles 152 subparag. 1 and 43 of the Road Traffic Act regarding the selective sentencing of imprisonment, the grounds for sentencing of sentence of imprisonment, and the age, sex, environment of the Defendant, the background and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the sentence as ordered shall be determined.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

There is a family member to support the defendant.

The defendant committed the crime of this case in the past five months, even though he was sentenced to a suspended sentence due to drinking or unlicensed driving and was under the suspended sentence.

In addition, the defendant has been punished for three times due to drinking, and one time due to driving without a license.

The defendant's driver's license was revoked from around 2015.

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