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(영문) 광주지방법원 2018.07.05 2018고단1050
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 6, 2018, at around 11:30, the Defendant driven DK7 car without a driver's license from the Do in front of the mouth 65, Seo-gu, Gwangju, Seo-gu, to the front road of the gas station located in 68, Seo-gu, Gwangju, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Grounds for sentencing under Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (Selection of Imprisonment) concerning the facts constituting an offense;

(a) favorable condition: The defendant recognized the crime of this case and reflected his mistake; and

B. Unfavorable condition: The Defendant was punished twice in 2014 and 2016 due to driving without a license, and the Defendant committed the instant crime without being aware of it during the period of suspension of execution even though he was sentenced to two years of suspended execution due to drinking or driving without a license in 2016, and the Defendant again committed the instant crime without being aware of it during the period of suspended execution.

C. The Defendant’s age, sex, environment, motive and background leading up to the instant crime, circumstances before and after the instant crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, were considered.

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