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(영문) 광주지방법원 순천지원 2017.06.21 2017고단86
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

On January 9, 2017, 2017, the Defendant driven B Kanop vehicle without obtaining a driver's license from around 1km section from around 09:40 to around 09:40 on January 9, 2017, from the front of the Korean Hospital to the front of the Korean Hospital, to about 25:1,00 a.m.

On April 11, 2017, the Defendant driven a Bknop vehicle without obtaining a driver’s license in the section of approximately 2 km from the front of the “theme studio” road located in the Seocheon-dong, Seocheon-si, Seocheon-si, Seocheon-si to the front of the “ Bknop Hand-dong,” which is located in the Southern-si, Seocheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without any license;

1. The ledger of driver's licenses of each motor vehicle;

1. Application of Acts and subordinate statutes to each of the following inquiries;

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense;

1. The punishment as ordered shall be determined by taking into account the following circumstances as the reason for sentencing, and all other conditions of sentencing, including the defendant’s age, environment, and distance of unauthorized driving, as well as the reason for sentencing, in accordance with the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as prescribed by a crime of violating Road Traffic Act (unlicensed Driving on April 11, 2017 with heavy penalty) of the said Act.

The favorable circumstances: The defendant acknowledges each of the crimes of this case and reflects the fact that the defendant disposed of the vehicle in this case; the circumstances unfavorable to the defendant's disposal of the vehicle: there are many criminal records due to driving without a license or driving under drinking, and the defendant has been punished for suspension of the execution of imprisonment, etc. among them; and since the defendant was indicted for driving without a license on January 9, 2017, the crime is bad since he/she has been driving without a license.

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