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(영문) 서울남부지방법원 2013.06.05 2013고단1532

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

On August 13, 2012, the defendant issued a summary order of a fine of three million won to a crime of violating the Road Traffic Act at the Incheon District Court on August 13, 2012, and three times of the same power.

On May 9, 2013, the Defendant, without obtaining a driver's license, driven B-low-water car at approximately 400 meters from the subway station near the subway station located in Gangseo-gu Seoul Metropolitan Government Fire-Fighting Zone to the road 275-1, Dong Dong-dong 275-1.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense (or choice of imprisonment, in consideration of the fact that there exists any history of punishment of fines on three occasions for the same kind of crime);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant reflects his mistake and has no record of punishment heavier than imprisonment without prison labor);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;