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(영문) 서울북부지방법원 2018.10.11 2018고단3380
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 July 31, 2018, around 17:10, the Defendant driven a B earth car without a driver’s license at a 10km section from a infinite place to a 168 km-ro, Jung-gu, Seoul to a 168-ro, Jung-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to a driver's license;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished twice due to drinking driving and repeated driving without a license even though the driver’s license was revoked due to this reason.

On June 13, 2017, after being sentenced to a suspended sentence due to a non-licensed driving on June 13, 2017, the instant crime was committed again at the time when the suspended sentence was imposed, and thereafter, the period has not elapsed. The Defendant had a non-licensed driving to repair a vehicle.

One of the reasons is that it is inevitable to drive without a license.

In order to stop the Defendant from driving without the license, it is necessary to punish the corresponding punishment, so it is necessary to choose imprisonment.

Provided, That the punishment shall be determined as per the order in consideration of the reflection of the defendant.

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