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(영문) 서울북부지방법원 2014.10.30 2014고단2688
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

On August 12, 2014, at around 16:45, the Defendant driven a C SP car in the name of Defendant’s wife B without obtaining a driver’s license from around 1km section in front of the mobilization market located in the Jung-gu Seoul Metropolitan Government, to the front of the same middle school.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driving Register;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. It is so decided as per Disposition for the reason that the suspended sentence is above Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below).

The reason for sentencing is that the defendant has been punished on several occasions due to driving without a license, etc. and it is inevitable to punish him/her accordingly.

However, the sentencing conditions as shown in the arguments of this case, such as the defendant's age, family relation, character and conduct, environment and circumstances after the crime, are considered to have been divided in depth of the defendant's mistake, the defendant does not reach the personnel accident beyond the driver's license without permission, and the defendant's age, family relation, personality and conduct, environment and others,

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