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(영문) 광주지방법원 해남지원 2019.09.19 2019고단218
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for four 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 May 30, 2019, at around 13:30 on May 30, 2019, the Defendant driven a d-wing truck without obtaining a driver's license at a distance of about 10km from the front of the Defendant's dwelling in the west-gun, Chungcheongnam-gun, Namnam-gun to the front of the west-gun C, Chungcheongnam-gun, Seoul-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant had already been punished for driving without a license three times, and the possibility of criticism is high (the Defendant’s driver’s license was revoked in 2007, and the Defendant was also driving at the time of the instant crime): Provided, That there was no other history of punishment heavier than the fine, and the Defendant’s age, character and behavior, environment, motive for the crime, distance of driving without a license, circumstances after the crime, etc., and all of the sentencing conditions specified in the record and arguments shall be determined as ordered, taking into account the following factors:

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