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(영문) 서울서부지방법원 2017.05.18 2017고단375

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 January 23, 2017, around 21:58, the Defendant driving a Do-ro 100 Do-ro, Mapo-gu, Seoul, Seoul, with no driver's license from around 7 km to about 105 Do-ro, Mapo-gu, Seoul, Mapo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the detailed legislation on 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. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, was subject to the revocation of a driver’s license on May 25, 2014 due to drinking, and was punished for driving without a license in 2015, and the instant crime is not likely to be committed again.

However, the fact that the defendant recognizes the crime of this case and reflects the wrongness, that the defendant sells a motor vehicle and again does not drive the motor vehicle, that the defendant does not have any punishment exceeding the fine due to drinking or non-licensed driving, and that the defendant is not subject to other punishment due to the defendant's age, sex, environment, motive for crime, etc., the punishment as ordered shall be determined by taking into account the conditions of sentencing as stipulated under Article 51 of the Criminal Act, such as the defendant