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(영문) 서울서부지방법원 2017.04.13 2017고단395
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above 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 February 15, 2017, around 20:15, the Defendant driven the B Carpon in a section of about 1 km from the west-gu Seoul Metropolitan Government to the 228-ro, Yongsan-gu, Seoul Metropolitan Government, with no driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the detection report and the violation of the Road Traffic Act (operation without a license), the ledger of driver's licenses for motor vehicles, and inquiries about disqualified

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. The reason for sentencing under Article 62(1) of the Criminal Act on March 4, 2016 of the suspended sentence is that the Defendant, who was under the control of drinking on March 4, 2016 and revoked the driver’s license, is not good to commit the crime.

However, in consideration of the fact that the defendant repents his mistake and that there is no record of punishment more severe than the fine for a crime related to driving, etc., the punishment shall be determined to suspend the execution of imprisonment as above.

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