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(영문) 서울서부지방법원 2016.08.23 2016고단1665

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 20, 2016, around 02:40, the Defendant driven B Poter freight vehicle without obtaining a driver’s license from the Coin Maart in the Southern-dong Seoul Mapo-gu Seoul Metropolitan Government to the same 190-day road.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of enforcement manual and 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 above punishment shall be determined in consideration of the sentencing factors favorable to the defendant, such as the fact that the defendant repeatedly drives without a license for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that the defendant has been punished as a violation of the Road Traffic Act several times due to drinking driving, etc., the fact that the defendant repents his mistake, the fact that the defendant has no record of more severe punishment than the fine, and that there is no record of more severe punishment than the fine.