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(영문) 광주지방법원 2019.05.30 2019고단1232
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 April 5, 2019, the Defendant, without a driver’s license on April 19:35, 2019, driven a vehicle of F salary class III from approximately 500 meters to the road of “E” located in D on the front of the “C”, a restaurant located in Yong-Namnam-gun B, Young-gu without a driver’s license.

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, 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 defendant's driver's license for the reason of sentencing under Article 62-2 of the Criminal Act is revoked by drinking alcohol around 2017, and three times of punishment by driving without a license since 2009, one of them is the subject of suspended sentence, and one of them is the subject of suspended sentence, and the former driver's license is not long at intervals with the previous driver's license.

However, the previous suspended sentence is a new suspended sentence in consideration of the favorable circumstances such as the fact that the previous suspended sentence only driven under the influence of driving without a license, a certain period of time from the previous suspended sentence, and the fact that the defendant's mistake is recognized and reflected.

Other reasons for driving without a license, the distance and place of driving without a license, the defendant's age, character and conduct, environment, circumstances after crimes, etc. shall be determined as ordered.

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