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(영문) 광주지방법원 목포지원 2016.01.14 2015고단1471
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 22, 2015, at around 14:21, the Defendant driven a freight vehicle of about 2.5 tons of Ctd 2.5 tons without obtaining a driver’s license from the front of the Defendant’s residence in the Southern-gun B, Nam-gun, the south-gun, to the maid intersection along the front of the area of the Defendant’s dwelling in the south-west-gun.

Summary of Evidence

1. Statement by the defendant in court;

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 stay of execution (the following sentencing shall be taken into account):

1. The punishment of Article 62-2(1) and the proviso to Article 62-2(2) of the Social Service Order Act is imposed on the following grounds: (a) the Defendant did not acquire the driver’s license; and (b) the Defendant had a record of punishment several times due to the driving without a license; and (c) the relevant crime is not less light of the nature of the crime, and thus, (d)

However, in consideration of the fact that the defendant's mistake is recognized and against the defendant, the defendant's age, sexual conduct, etc., the punishment against the defendant shall be determined as ordered, and the execution shall be suspended on condition of protection observation.

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