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(영문) 서울서부지방법원 2017.07.13 2017고단761

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 15, 2017, around 14:55, the Defendant driven a rash car without obtaining a driver's license in approximately 26 km section from the 62-way road in Mapo-gu, Mapo-gu, Seoul to the World Cup tunnel in Mapo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a driver's license;

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 was punished for driving without a license in 2014, and driving without a license even though a driver’s license was revoked on August 19, 2016 due to driving without license, and the quality of the crime is not good.

However, the sentencing conditions under Article 51 of the Criminal Act, such as the fact that the defendant is against the crime of this case, the fact that the defendant was not subject to punishment exceeding the fine due to traffic-related crimes, and the age, sex, environment, motive of the crime, circumstances after the crime, etc., shall be determined as ordered in consideration of the sentencing conditions under Article 51 of the Criminal Act.