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(영문) 서울북부지방법원 2014.06.26 2014고단1116
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 5, 2014, at around 12:00, the Defendant, via the front road of Sungju-si 183-ro 27, Dobong-gu, Dobong-gu, Dobong-gu, Seoul, 15:40 on the same day, driven a motor vehicle without obtaining a driver’s license for the vehicle driving at approximately 60 km from the front road of Sungju-si 55-ro, Dobong-gu, Seoul, to the front road of Seowon-do 180-ro Dowing apartment at the Dobong-gu, Dobong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driving Register;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

The reason for sentencing is that the defendant has been punished several times from around 2006 due to drinking driving, and it is inevitable to punish him due to poor nature of the crime, such as drinking after causing the accident in this case.

However, the sentencing conditions shown in the arguments of this case, such as the defendant's age, family relations, character and conduct, environment and circumstances after the crime, shall be determined by taking into account the following factors: the defendant has no criminal records of probation or heavier; the defendant appears to have been repented of his/her errors; and the defendant's errors

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