(영문) 광주지방법원 2018.02.20 2017고단5510

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 광주지방법원 2018.02.20 2017고단5510

도로교통법위반(무면허운전)

Text

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

Reasons

Punishment of the crime

[2] On April 20, 2017, the Defendant was sentenced to a suspended sentence of two months for a crime of violating the Road Traffic Act at the Gwangju District Court on April 20, 2017, and the above judgment became final and conclusive on September 7, 2017. On August 18, 2017, the above court was sentenced to a suspended sentence of three years for a violation of the Road Traffic Act on December 22, 2017, and the judgment became final and conclusive on December 22, 2017, and the instant crime was committed after the date of the final judgment ( September 7, 2017) from the date of the previous judgment (Article 37 of the Criminal Act) to the date of the final judgment (Article 37 of the former Criminal Act) (Article 37 of the former Act) to a lower-class crime between the two preceding crimes and the four preceding crimes, and thus, the Defendant cannot be deemed to have been exempt from the previous sentence of 140 meters or more at the same time (Article 30147 of the former Criminal Act).

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (in relation to the previous history, confirmation of the case in progress of trial), each judgment, reference materials (Attachment to Judgment) and other Acts and subordinate statutes;

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.

There is a family member to support the defendant.

Unfavorable circumstances:

참조조문

-형법 제37조

-형법 제39조 제1항

참조판례

-대법원 2014. 3. 27. 선고 2014도469 판결

유사 판례

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