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(영문) 서울동부지방법원 2017.02.08 2016고단4272
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:10 on November 29, 2016, the Defendant driven a B Kanman car without obtaining a driver’s license from around 20 meters from the 11st road in Gwangjin-gu Seoul Special Metropolitan City to the 16th road in the same Gu-Mamaro 16th road.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the Acts and subordinate statutes to the ledger of driver's licenses, such as the arrest report of the incident, the situation report without licenses;

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense.

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant is not subject to strict punishment to prevent recidivism in that he/she drives an unlicensed driving even though he/she was sentenced to five times or a fine by driving without a license from 2009 to 2015.

However, it is judged as ordered in consideration of the fact that the crimes are divided in depth, that there is no record of punishment more severe than fines after 1998, and that there is no age of the defendant, etc.

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