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(영문) 서울서부지방법원 2016.11.24 2016고단3133
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 11, 2016, the Defendant, without obtaining a driver's license on September 20:5, 2016, driven a car in a section of about 100 meters from the vicinity of the Mapo-gu Seoul Metropolitan Government Network to the front road of about 483-2.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the standing report on driving without a license, and driver's license inquiry;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence has already been punished twice as a crime that includes a unauthorized driving, and further, on September 2, 2016, the defendant was sentenced to a fine of KRW 7 million due to a unauthorized driving on September 2, 2016, and was again sentenced to a fine of KRW 9 million on September 2, 201. The corresponding strict punishment is required.

Provided, That in consideration of the fact that the defendant has divided his/her mistake and there is no record of punishment more severe than the fine, the punishment as ordered shall be determined.

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