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(영문) 광주지방법원 2017.02.09 2016고단4890
도로교통법위반(무면허운전)
Text

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

Reasons

Punishment of the crime

On August 28, 2016, at around 20:40, the Defendant driven a B-low vehicle without obtaining a driver’s license from around the front day of the CU cancer studio located in 156, Seo-gu, Gwangju, Seo-gu, Gwangju, to the front day of the gold Party located in 176, in the same Gu-ro circulation, from around 200 meters from the front day of the street.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the motor vehicle driver's license ledger and the Acts and subordinate statutes to close related images;

1. The reason for sentencing of Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding criminal facts and Article 152 Subparag. 1 of the Act on the Selection of Punishment for the Punishment of Motor Vehicles (Optional to Imprisonment) was 2002, and there was a history of serving a person who was sentenced to punishment twice as an unlicensed driving without obtaining a license since the revocation of the driver’s license for the motor vehicle in 202. In particular, on April 16, 2015, this court was sentenced to the suspended sentence of 8 months for the crime of violating the Road Traffic Act (non-licensed driving) on April 24, 2015 and became final and conclusive on April 24, 2015.

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 shall be considered as favorable circumstances.

In addition, comprehensively taking into account all the sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered (the sentencing criteria shall not apply to a crime for which no sentencing guidelines have been set).

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