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(영문) 서울중앙지방법원 2013.10.25 2013고단4784
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 July 22, 2013, the Defendant, without obtaining a driver’s license of a motor vehicle, driven a motor vehicle of 5 meters C Belgium at the front of the restaurant of the “Mai original restaurant” located in 661 Gangnam-gu Seoul, Gangnam-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Entry in the driver's license ledger;

1. Application of each of the visual Acts and subordinate statutes of photographs;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. In light of the following: (a) the reason for sentencing under Article 62-2(1) of the Criminal Act: (b) the Defendant was a fine of one million won for driving without a license on or around December 2009; (c) a fine of one million won for driving without a license on or around June 2010; (d) a fine of five million won for driving without a license on or around June 2013; and (e) a person was subject to a fine of five million won for having caused a traffic accident while driving without a license on or around June 2013; (c) the Defendant again repeated driving without a license, despite the fact that he was subject to a punishment of a fine of five million won due to the occurrence of a traffic accident; (d) the Defendant was not less likely to have been subject to a suspended sentence or heavier punishment; (d) the Defendant was not subject to driving without a license or driving without a traffic accident; and (e) the Defendant’s execution of the sentence shall be suspended for six months in consideration of the circumstances favorable to the Defendant.

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