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(영문) 서울서부지방법원 2016.08.23 2016고단1631

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 28, 2016, around 15:00, the Defendant driven a B-child car without obtaining a driver's license on the section of about 10km from the front of the Seoul Central Medical Center in Mapo-gu Seoul Metropolitan Medical Center to the point of 86-1 inside Sungsan-dong, Mapo-gu, Seoul to the point of 200km.

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 reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture are as follows: (a) although the defendant had been subject to punishment four times due to drinking driving, and even if he had been subject to punishment twice due to driving without a license, the sentencing factors unfavorable to the defendant; (b) the defendant recognizes his mistake; and (c) the defendant has no record of more severe punishment than the fine, etc.; and (d) the above sentence shall be determined by considering