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(영문) 서울서부지방법원 2016.06.14 2016고단713

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On March 12, 2016, at around 14:30, the Defendant driven a Cracing Roon vehicle without obtaining a driver's license from around 7 kilometers up to the lux road, the red at around 280 (red, e.g., red) of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, Seoul, for the front of the modern apartment located in 14:30, the Defendant driven the Cracing vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the situation report on driving without licenses and 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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant, who had been sentenced to suspended sentence for committing an unlicensed driving crime; (b) the Defendant, who had been punished three times due to drinking alcohol, seems to lack compliance spirit in driving.

Therefore, there is a need for a strict punishment corresponding to this.

However, in consideration of the fact that the Defendant recognized the instant crime and divided his mistake, and that there is no record of causing traffic accidents, a punishment shall be suspended, and protection and observation shall be also ordered to prevent recidivism.