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(영문) 서울서부지방법원 2017.05.18 2017고단692

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 8, 2017, at around 10:53, the Defendant driven a Bone Star Co., Ltd without a vehicle driver’s license at a section of about 400 meters from the front of the insular road of Eunpyeong-gu Seoul Metropolitan Government to the front of the search road of about 350 meters Seoul, for search.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is as follows: (a) even though the Defendant had been punished three times due to driving without a license in 2011, he/she again drives without a license; (b) there is no less punishment exceeding the fine due to driving without license; (c) the Defendant recognized the instant crime and went against the mistake; (d) some of the circumstances are to be taken into account in the course of the instant crime; and (e) other factors are to be considered in light of the sentencing conditions stipulated under Article 51 of the Criminal Act, such as the