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(영문) 서울북부지방법원 2018.11.08 2018고단3753
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 5, 2018, around 08:10 on September 5, 2018, the Defendant driven a 3 freight vehicle with approximately 4 km section from the 08:0 to the 41-7 internal circulation road of 6 km-ro, west-ro, Seoul, Seongbuk-gu, Seoul, without obtaining a vehicle driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that it is inevitable for the Defendant to choose to imprisonment with prison labor by driving a license without a license even though he/she has been punished due to drinking or driving without a license.

However, in consideration of the fact that there has been no criminal punishment for seven years prior to being sentenced to a fine due to driving without a license, and the fact that the person reflects it, etc., the punishment shall be determined as ordered.

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