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(영문) 서울중앙지방법원 2018.07.12 2018고단2570
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

A previous conviction stated in the facts charged does not constitute a elements of crime or aggravating punishment, and is not disadvantageous to the defendant's exercise of his/her right to defense, so the defendant excluded as stated in the facts charged in the judgment, and therefore, he/she, on April 9, 2018, was driving a car by re-driving approximately 25 km from a place where it is difficult to know about the situation where it is difficult to find out that he/she was going to friend in Gyeonggi-do on April 9, 2018 without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving and control without a license;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the Defendant had been punished several times due to drinking alcohol or unlicensed driving, the fact that the Defendant had been sentenced to suspended sentence due to a previousless driverless driving, etc. is disadvantageously considered, and the fact that the Defendant was committing the instant crime and committed against the Defendant is favorable. In full view of the method and result of the instant crime, the conditions for sentencing, including the circumstances after the commission of the crime, the age of the Defendant, sexual conduct, family environment, etc., the sentence as ordered, shall be determined as ordered.

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