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(영문) 서울서부지방법원 2017.09.07 2017고단1910

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 June 16, 2017, around 17:32, the Defendant driven a B SP car on the road in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, without obtaining a driver's license from around 17.1km to around 481-226, Mapo-gu, Seoul.

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

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) the Defendant was punished for driving without a license in 2015; and (b) driving without a license even though a driver’s license was revoked on December 24, 2016 due to driving without a license; and (c) the quality of the offense is not good.

However, the sentencing conditions stipulated by 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 drinking or driving without a license, and the defendant's age, sexual conduct, environment, motive for the crime, circumstances after the crime, etc., shall be determined as ordered by the disposition.