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(영문) 광주지방법원 2017.11.30 2017고단3979
도로교통법위반(무면허운전)
Text

The punishment of the accused shall be determined by three months of imprisonment.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of two years on December 2, 2016 at the Gwangju District Court on November 24, 2016 due to a violation of the Road Traffic Act (unlicensed Driving), and the probation period becomes final and conclusive on December 2, 2016.

[Criminal facts] On August 17, 2017, the Defendant driven a C-car without obtaining a driver’s license from around about 45 km section from the time of the death of the school in the Hamyeong-gun, Chungcheongnam-gun, Chungcheongnam-gu, without obtaining a driver’s license from around 20 km to the front road of the Chungcheong principal middle school located in the Dong-gu, Dong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report attached to the judgment, etc. of the same type of case, confirmation date of the final judgment);

1. In full view of all the sentencing conditions indicated in the instant case, including the pertinent legal provisions regarding the crime, Articles 152 subparag. 1 and 43 of the Road Traffic Act regarding the selective sentencing of imprisonment, the grounds for sentencing of sentence of imprisonment, and the age, sex, environment of the Defendant, the background and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the sentence as ordered shall be determined.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

There is a family member to support the defendant.

D. Unfavorable circumstances: The Defendant had a record of being punished twice due to drinking driving, once due to driving without a license, and once due to driving without a license, and repeated the instant crime even during the suspension period of the execution of imprisonment for the same kind of crime.

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