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(영문) 서울동부지방법원 2017.10.19 2017고단1748
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 13, 2017, the Defendant driven a B-type car at approximately 500 meters away from May 13, 2017 to around 116, 100 meters away from the 17:25 Annyang-si's Mayang-si's Mayang-si's Mayang-si's Mayang-si's Mayang-si's Mayang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

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

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

(a) Unfavorable conditions: The person recommits the instant crime even though he/she was punished on several occasions due to drinking, driving without a license, etc.;

(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of fine or heavier punishment;

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.

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