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(영문) 서울서부지방법원 2016.09.06 2016고단2019

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 23, 2015, the Defendant, at around 16:20 on June 26, 2016, driven a vehicle for about 15 km from the road of Eunpyeong-gu Seoul Metropolitan Government 16-90, to the road front of the shooting distance in the Seopo-si Culture and Arts Center, the Defendant, without a vehicle driver’s license, at around 16:20 on June 26, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to a license ledger, disqualified inquiry, register, and mandatory insurance bureau;

1. In light of the pertinent legal provisions on criminal facts, Articles 152 subparag. 1 and 43 of the Road Traffic Act of the choice of punishment, the defendant's reason for sentencing of imprisonment without prison labor has the record of being punished four times due to drunk driving, and one time due to unlicensed driving, and the fact that the defendant was sentenced to two years due to property damage and interference with business on February 4, 2015, and was sentenced to two years due to the suspension of execution and two years due to property damage and interference with business, and has already been sentenced to a fine for a drunk driving committed during the suspension of execution, it is inevitable to sentence the defendant to imprisonment with prison labor.

However, the above punishment shall be determined in consideration of the fact that the defendant has divided his mistake, that the driving force without a license has relatively passed, and that he should support the old parents.