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(영문) 광주지방법원 해남지원 2020.06.25 2020고단126
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On July 11, 2019, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) in the Gwangju District Court's branch on July 11, 2019, and completed the execution of the sentence in the Southern Prison on November 10, 2019.

【Criminal Facts】

On January 16, 2020, the Defendant, at around 15:10, driven a F Poter freight vehicle in front of the restaurant in Jindo-gun, Jindo-gun, Jindo-gun, via the front road of the "Eib" D located in Jindo-gun, Jindo-gun, Jindo-gun, without obtaining a driver's license in the section of approximately 1km up to the front road of the above "C" restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on actual condition of traffic accidents, and reports on the occurrence of traffic accidents;

1. The ledger of driver's licenses;

1. Investigation report (verification of driving distance of a suspect);

1. Previous convictions: Application of Acts and subordinate statutes to the judgment of the Gwangju District Court in the case of 2019 Godan174 (Investigative Records 59~61 pages), among one copy of inquiry report, investigation report (the confirmation of crimes and criminal records of the same kind during the period of repeated crime), judgment and summary order;

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. The reason for sentencing Article 35 of the Criminal Act, among repeated crimes, has already been punished for driving without a license several times, and among them, a criminal record has already been sentenced, and the crime of this case is committed only for two months from the time the defendant was discharged from the prison without a license, and the nature of the crime is very heavy.

The defendant asserts that he was unable to obtain a driver's license because he was a franchisor and that driving was inevitable for his occupation.

However, in Korea, there is a system that allows applicants with no knowledge of writing to read the problem so that they can obtain driver's license and to take a subject examination in a way that applicants can answer verbally.

Nevertheless, the defendant did not make all such efforts and tried to relieve himself from liability.

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