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(영문) 서울중앙지방법원 2013.11.29 2013고단5299

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 15:10 on August 1, 2013, the Defendant, without obtaining a driver’s license, driven a CYFststa car in the direction of about 5km from the roads near the Seoul Mamam Park in Seocho-si, Seocho-gu, Seoul to the front road of the exit 442-2, Seocho-gu, Seocho-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the statement of driver's license inquiry;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. In light of the fact that the Defendant for the reason of sentencing under Article 62-2(1) of the Criminal Act, since around 2009, once for drunk driving, once for drinking without a license, and twice for without a license, even though he/she had been punished for two times due to driving without a license since then, the liability for such crime is not easy, but the Defendant has no record of punishment heavier than the suspension of execution, confession of the crime, and is against the Defendant, and is not going against the duty of driving without a license, and is not going against the duty of driving without a license or traffic accident, taking into account the circumstances favorable to the Defendant, the sentence against the Defendant shall be set for six months, and the execution of the sentence shall be suspended for more than six months, but the order to attend the compliance driving course