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(영문) 서울서부지방법원 2019.05.09 2019고단723
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 26, 2019, the Defendant, without obtaining a driver's license on February 10, 2019, driven CK5 car from around 2 km to the front road of Eunpyeong-gu Seoul, Seoul to the front road of 405 new speed 4, e.g., the air.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the register of vehicle driving licenses, report on occurrence of cases and car driving licenses;

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. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, [finite circumstances] the Defendant, even though he/she had been subject to criminal punishment twice repeatedly, was driving under a license without permission.

In addition, the Defendant was found to have been driving without license in the process of regulating traffic offenses at the time of committing the instant crime.

In addition, the defendant was sentenced to a suspended sentence for six months of imprisonment with prison labor for driving without a license in 2016 and was sentenced to a fine for driving without a license after the judgment was sentenced.

Nevertheless, the risk of recidivism seems to be high in light of the criminal records of the accused and the attitude of lack of compliance consciousness.

[Ligue circumstances] The defendant is recognized to commit his crime.

No additional damage has occurred.

The distance of the vehicle is not along.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as

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