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(영문) 광주지방법원 장흥지원 2014.03.06 2013고단249
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for 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 November 4, 2013, at around 10:13, the Defendant, without a driver’s license for a car, driven B cargo vehicles at a section of approximately 11 km away from the front of the office of the Gangseo-gu Seoul Special Metropolitan City located in the Gangnam-gu Seoul Special Metropolitan City to the roads in front of the public interest market located in the public interest market in the public interest area of the Seoul Special Metropolitan City.

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 ( considered in favor of the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture has already been punished several times due to drinking or unlicensed driving, and in particular, in 2004, the defendant was sentenced to a suspended sentence for the same crime, but he/she did not know himself/herself, and at the same time did not commit the crime of this case.

However, the execution of a sentence is suspended under the condition of probation and order to attend a lecture, taking into account the following: (a) this case is a simple unauthorized driving case which does not involve any traffic accident; (b) the defendant has no record of being sentenced to imprisonment for the same kind of crime as well as the fact that the defendant has no record of being sentenced to imprisonment for the same crime; (c) the time of the crime and reflects the mistake; and (d) the situation where the person is in need of

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