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(영문) 서울서부지방법원 2016.09.29 2016고단2099
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 16, 2016, the Defendant driven a car with approximately KRW 400 m ad dump dump nick on the front of the C Hospital located in Mapo-gu Seoul Metropolitan Government without obtaining a driver's license around 15:30.

Summary of Evidence

1. Statement by the defendant in court;

1. An inquiry of driver's license and application of the statutes governing the control;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

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

1. In the event that the defendant committed the instant unauthorized driving in spite of the fact that he/she has been punished several times due to drinking or unlicensed driving, the corresponding strict punishment is needed for the reason of sentencing Article 62-2 of the Criminal Act.

However, the above punishment shall be determined in consideration of the fact that the defendant recognized his mistake and divided, the fact that there is no record of punishment other than the punishment for drinking driving and driving without a license, and there is no record of more severe punishment than the fine.

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