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(영문) 광주지방법원 2020.06.04 2020고단1054
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On April 27, 2017, the Defendant was sentenced to a suspended sentence of two months for a crime of violation of the Road Traffic Act at the Gwangju District Court, and on September 13, 2018, the same court was sentenced to six months for a crime of violation of the Road Traffic Act (free license) in the same court on September 13, 2018, and the sentence of the suspended sentence became effective upon the final judgment on December 5, 2018. The sentence of the suspended sentence was paroled on July 30, 2019 during the execution of the final sentence in the show prison.

9. 13. The parole period expired.

【Criminal Facts】

On February 23, 2020, the Defendant, without obtaining a driver's license on February 23, 2020, driven CPoter Ⅱ from a section of about 1 k meters from the airport electric railway station, which is located in the 416-999 as a regular manager, to the airport front road of the 416-99.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the detection (working without a license);

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes on criminal records, replys to criminal records, judgments of the Gwangju District Court 2018No2876, judgments of the Gwangju District Court 2018 Godan2754, case search data, and personal confinement status;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders is not only punished as stated in the records of the criminal records as stated in the judgment of the defendant, but also has the ability to be punished three times for the crime of drunk driving and two times for the crime of unlicensed driving, and since six months have not passed since the parole period passed since the crime of this case was committed, the defendant shall be sentenced to imprisonment with prison labor; however, the defendant is recognized to commit the crime of this case; the defendant shall be sentenced to imprisonment with prison labor; the records and arguments, such as the motive and background of the crime of this case, circumstances after the crime of this case, the defendant's family relationship, health status, possibility of recidivism, etc.

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