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(영문) 서울서부지방법원 2017.05.18 2017고단100

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 December 20, 2016, around 22:15, the Defendant driven GM7 car without a driver’s license from the Defendant’s residence in Geumcheon-gu Seoul Metropolitan Government F to around 363-23, Mapo-gu, Seoul, Mapo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquiries about driver's license and inquiries about the determination of the main office;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, on October 18, 2016, committed the instant crime after approximately two months from the former even though his/her driver’s license was revoked on October 18, 2016, and the quality of the instant crime is not good.

However, the fact that the defendant recognized the crime of this case and reflects the mistake, that the defendant sells the motor vehicle and again does not drive the motor vehicle, that the defendant does not have any punishment exceeding the fine due to drinking or non-licensed driving, and that there is no other punishment, and the defendant's age, sex, environment, motive for crime, etc. shall be determined as ordered in consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, motive for crime.