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(영문) 서울남부지방법원 2018.01.11 2017고단5811
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 August 9, 2015, the Defendant driven from the street in front of the light beach at the city of Gangseo-si on August 14:40, 2015, without a license that allows the Defendant to drive Bystren motor vehicles within a about 10 km section of the Dong-do Highway, which is located in the same Sinsan-do, to the river of the same Sinsan-si.

Summary of Evidence

1. Statement by the defendant in court;

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

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had four times of punishment due to driving without a license, and the fact that he/she had three times of previous convictions related to drinking, etc. are disadvantageous to the defendant.

However, there are more favorable circumstances such as the absence of criminal records of probation or higher, the absence of certain occupations and the failure of social ties such as family life.

Taking account of these circumstances, the Defendant’s age, etc., is subject to imprisonment with prison labor and the execution of a sentence is suspended on condition that he/she takes a social service and a compliance instruction.

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

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