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(영문) 전주지방법원 정읍지원 2018.07.17 2018고단104

도로교통법위반(무면허운전)

Text

The punishment of the accused shall be set forth in six months.

except that the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, even though his driver’s license acquired before September 25, 2017 was revoked, did not obtain the driver’s license on December 25, 2017, driving a car of approximately 2.5 km from the apartment parking lot in Gangseo-gu Seoul Metropolitan Government to about 36 km from the second apartment parking lot to about 59 km from the airport in Gangseo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act: (a) the content and circumstances of the instant crime for sentencing; (b) the Defendant committed the instant crime again at the time when his/her license was revoked for driving under drinking in 2017; (c) the Defendant was not subject to a suspended sentence or heavier punishment for similar crimes; and (d) the Defendant’s age, occupation, environment, and health conditions, etc. shall be determined by comprehensively taking into account various factors for sentencing.