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(영문) 서울서부지방법원 2017.06.29 2017고단924
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 March 24, 2017, around 21:40, the Defendant driven a Brodic car without obtaining a driver's license from around 128 to around 136, Mapo-gu, Seoul, Mapo-gu, Seoul, for about 10 meters.

Summary of Evidence

1. Statement by the defendant in court;

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant revoked the driver’s license on August 12, 2007, and was punished five times by driving without a license since 2008. Among them, it is not good for the Defendant to drive without a license even though he was under the preemptive action of the suspension of the execution.

However, the sentencing conditions stipulated by Article 51 of the Criminal Act, such as the defendant's age, sex, family environment, motive for committing the crime and circumstances after committing the crime, shall be determined as ordered in consideration of the fact that the defendant does not drive again while against the crime of this case, the distance of the defendant's driving is very short, and the defendant's age, sex, family environment, motive for committing the crime, etc.

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