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(영문) 서울중앙지방법원 2013.07.05 2013고단2631
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

At around 16:40 on May 6, 2013, the Defendant, without a driver’s license, driven approximately 30 km from the front of 564-32, Seo-dong, Seo-gu, Incheon, Seo-gu to the front of the 912-18, Seocheon-dong, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant legal provisions concerning the facts of crime and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a training course is that the defendant has been sentenced to five times of a fine due to drinking driving or driving without license from 2007 to 2012, but the nature and circumstances of the crime are not good in light of the fact that the defendant committed the crime, and the distance of the defendant's operation is very high, but the punishment is determined as ordered by taking into account the following factors: (a) the defendant was the time of committing the crime; (b) the defendant has no record of punishment other than the criminal record of the above fine; and (c) the defendant has no record of punishment other than the criminal record; and

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