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(영문) 광주지방법원 2016.10.13 2016고단2151
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 2, 2016, the Defendant, without obtaining a driver's license on May 2, 2016, driven a Cribe truck from the front side of the Posidong in Gwangju Nam-gu to the front side of the Busan Nam-gu 119 Safety Center.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of unregistered driving and application of the laws and subordinate statutes to the ledger of driver's licenses;

1. There is a record of punishment several times for the reason of sentencing under Article 152 subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, which is applicable to the relevant criminal facts and the choice of punishment;

In particular, on March 31, 2016, the Gwangju District Court sentenced two years to a suspended sentence of 4 months for the crime of violation of the Road Traffic Act (unlicensed Driving) at the Gwangju District Court, which became final and conclusive on April 8, 2016, committed the instant crime without being aware of the fact that the judgment was under suspended execution.

It is inevitable to sentence sentence in light of such unfavorable circumstances.

However, the fact that the crime of this case is against the law, and the fact that the crime of this case does not lead to a traffic accident, etc. shall be considered as favorable circumstances.

In addition, comprehensively taking into account the age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, all the sentencing conditions specified in the pleadings of the case shall be determined as ordered.

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).

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