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(영문) 서울서부지방법원 2016.05.31 2016고단258
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On February 3, 2016, from around 13:10 to February 13:30, 2016, the Defendant driven a Epic vehicle without the driver’s license from the front road of the residence in Eunpyeong-gu Seoul Metropolitan Government from around 13:30, to around 35-6, Seodaemun-gu, Seoul.

around 15:05 on March 14, 2016, the Defendant driven an Epic vehicle without obtaining a driver’s license from the front side of the Defendant’s residence in Eunpyeong-gu Seoul Metropolitan Government, to the front side of the new balk-dong, Seoyang-gu, Sinyang-si, Goyang-si.

Summary of Evidence

"2016 Highest 258"

1. Statement by the defendant in court;

1. An explanatory note;

1. "Motor vehicle driver's license ledger 2016 Highest 991";

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has already been imposed five times or more due to the driving without a license, and again, the driving without the license of this case has been repeated twice again, and there is a need for any corresponding strict punishment.

However, in consideration of the fact that the defendant's wrong recognition of his/her mistake and the fact that he/she does not drive without a license again while being divided, and that he/she should support his/her children, the sentence shall be determined to suspend the execution of imprisonment as above without sentence only once.

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