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(영문) 광주지방법원 2017.09.14 2017고단2766
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 23, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle at around 16:15, driven a Brocketing motor vehicle at approximately 1.5 km section from the front of the Muung library located in the Masan-dong in Gwangju Northern-dong to the front road of the Heung apartment in the Seoul Northern-dong.

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. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act selected as a penalty.

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The defendant recommits the instant crime even though he/she was punished three times due to driving of drinking, refusing to measure drinking, etc.

(b) favorable condition: The defendant's acknowledgement of the crime of this case and reflects his mistake;

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

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