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(영문) 서울북부지방법원 2017.06.15 2017고단1638

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On March 29, 2017, the Defendant, on March 29, 2017, driven B Poter II cargo from the section of approximately 50km from the road of the Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, 58-ro 105, to the front road of the Gu Pyeongtaek-dong Park in Ansan-si, Seoul, on March 29, 2017, without the driver’s license.

2. On April 6, 2017, the Defendant, around April 10, 2017, driven a tea in Crecing without a driver’s license in the same section of approximately 500 meters from the front of the 1196 Sejong Nowon-gu, Seoul Special Metropolitan City Nowon-gu, to the front of the 12 home plug flusing point, which is the same from the front of the 1196 Sejong Nowon-gu, Seoul Special Metropolitan City Nowon-gu, to the front of the 12 home flusing point.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without licenses, and application of 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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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, despite the fact that the defendant was punished for a criminal punishment due to the previous unlicensed driving, on March 29, 2017 and the same year.

4.6. Driving without a license on tobacco; Defendant’s failure to drive without a license again while against his wrongness.

The punishment shall be determined in consideration of the fact that the defendant is faced and there is a family member to support the defendant.