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(영문) 서울서부지방법원 2016.09.06 2016고단2011
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

As of July 8, 2011, the Defendant, despite the revocation of the driver’s license, driven a BM3 car without a driver’s license on June 28, 201, from the road front of the Defendant’s house located in Chungcheongnam-gu, Seoul to the road front of the Seodaemun-gu, Seoul, Seomun-gu, 63 (Scar-dong) to the road front of the Kagi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the situation of driving without a license, and investigation report (Binding report on the register of driver's licenses);

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) under the circumstances unfavorable to the defendant, the fact that the defendant had been punished four times due to unauthorized driving; (b) the defendant repents his mistake; and (c) the fact that the defendant has no record of more severe punishment than the fine; and (d) the above punishment shall be determined by taking into account the circumstances favorable to

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