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(영문) 서울북부지방법원 2014.06.10 2014고단959

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six 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 April 21, 2014, at around 08:25, the Defendant driven a Category B motor vehicle without obtaining a driver’s license from around about 7 km-ro, Jung-gu, Seoul to about 540 km-ro, Dongdaemun-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of an investigation report;

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. It is so decided as per Disposition for the reason that the suspended sentence is above Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below).

On July 2013, the defendant is punished for driving without a license (five million won a fine) on or around July 2013, and there is an inevitable circumstance that has a record of punishment corresponding to the punishment.

However, the sentencing conditions as shown in the arguments of this case, such as the defendant's age, family relation, character and conduct, environment and circumstances after the crime, are considered to have been divided in depth of the defendant's mistake, the defendant does not reach the personnel accident beyond the driver's license without permission, and the defendant's age, family relation, personality and conduct, environment and others,