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(영문) 서울서부지방법원 2017.10.31 2017고단2075

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four 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

The Defendant, around 10:20 on June 17, 2017, was driving Bone Star Co., Ltd without obtaining a driver’s license from around 800 meters in distance from the Seoul Mapo-gu to the front road of about 158, Mapo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of 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. The Defendant, on the grounds of sentencing under Article 62(1) of the suspended sentence under the Criminal Act, was revoked his/her driver’s license on April 2013 due to drinking, and was punished by a fine on January 4, 2017 by driving without a license. Nevertheless, the Defendant, at the time and place stated in the judgment, once and at the same time and at the same place, again was driving without a license, is disadvantageous.

However, in light of the fact that the defendant recognized the crime of this case and is against the nature of the defendant, there are circumstances to consider the driving circumstances, the defendant did not have been punished heavier than the fine due to drinking or non-licenseing, and other circumstances such as age, sexual conduct, family relationship, after committing the crime, etc., the punishment shall be determined as ordered by the order, taking into account the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, family relation, and circumstances after committing the crime.