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(영문) 광주지방법원장흥지원 2020.09.10 2020고단140
도로교통법위반(무면허운전)
Text

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

except that 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 June 5, 2020, at around 10:45, the Defendant driven B Poter Cargo Vehicles without obtaining a driver's license from around 3.5 km to the front of the same Eup/Myeon, from the roads near the Seogjin-gu, Seogjin-gun, Chungcheongnam-do, Chungcheongnam-do to the front of the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. The suspended sentence under Article 62(1) of the Criminal Act takes into account the following factors: the Defendant’s records of the same crime, the background leading up to the unauthorized driving, the distance and place of the unauthorized driving, and the Defendant’s mistake, and the family relation and other factors of sentencing as shown in the records and arguments, including the Defendant’s age, character and conduct, and circumstances before and after the commission of the crime, shall be determined as ordered.

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