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(영문) 광주지방법원 2014.05.15 2014고단966
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 March 12, 2014, the Defendant, without obtaining a driver’s license on March 12, 2014, driven B cargo at a section of about 1 km from the 4-distance Crossing in the Gwangju Mine-gu to the front of the “China-ro,” located in the same Gu, the Defendant driven B cargo at a section of about 1 km.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of previous driver's licenses and inquiry letter 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;

1. In light of the fact that the defendant committed the instant crime, even though he/she was punished three times a fine or a suspended sentence of imprisonment due to the instant crime of unlicensed driving, etc. in the past, the reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., it is necessary to punish the defendant strictly.

However, on the other hand, the defendant is going to not repeat the same crime in the future while breaking his mistake in depth, and the defendant moves to the hospital rapidly in need of treatment due to dementia, etc. at the time of the instant case (see, e.g., evidence code 26), and there are circumstances that may be considered in the process of the instant crime, and there are no additional risks such as traffic accident during driving of the instant case, and all other circumstances that are conditions for sentencing as shown in the instant argument, including the defendant's age, character and behavior, environment, motive and circumstance of the instant crime, and circumstances after the crime, etc., shall be determined as the sentence as shown in the text.

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