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(영문) 서울남부지방법원 2018.11.29 2018고단4688
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 15, 2018, the Defendant, without a driver’s license of a motor vehicle around 05:00, driven a Cmotor vehicle at approximately 200 meters from a 240-meter section to a 83-way road, as the fire-fighting of Gangseo-gu Seoul Metropolitan Government, to the fire-fighting of 241.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. An order to provide community service and attend lectures is repeated driving without licenses within the short period of punishment under Article 62-2 of the Criminal Act, and there are favorable circumstances such as the fact that there is no past record or past record of criminal punishment, and that there is a statement that it is against the obligation of the Defendant.

In full view of these various circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, occupation, and family environment, the execution of the sentence is suspended on condition that the defendant is punished by imprisonment with prison labor, but the social service and compliance driving lectures are taken.

It is so decided as per Disposition for the above reasons.

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