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(영문) 서울서부지방법원 2016.12.22 2016고단3391
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, 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 October 6, 2016, around 11:30, the Defendant operated the Korea Highway Corporation located in the king-gu Subdivision from the Do in Seocho-gu Seoul Metropolitan Seocho-gu, Chungcheongnamnam-si to the roads near the traffic center without obtaining a driver's license in approximately 14km section and without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of unregistered driving and application of the laws and subordinate statutes to the ledger of driver's licenses;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has already been punished five times due to non-licensed driving or drinking without permission, and further, the defendant's control over driving without permission on February 25, 2016 and the same year.

7. On 26. 26. 26. 26. A summary order of KRW 1 million was issued, which did not reach the three months thereafter, driving without a license using the same vehicle again, and there is a need for a corresponding strict punishment.

However, in consideration of the fact that the defendant acknowledges his mistake, there is no record of punishment for any crime other than the criminal power related to driving, there is no record of punishment more severe than the fine, and the fact that he disposes of the vehicle, the execution of imprisonment shall be suspended as above.

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