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(영문) 서울남부지방법원 2016.06.16 2016고단1449
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 27, 2016, at around 06:37, the Defendant, without a driver’s license, driven the Bone Star Co., Ltd. from the apartment parking lot of Gangseo-gu, Seocheon-gu, Seocheon-gu, Seoul to around 858-2, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, to approximately 10km.

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 a driver's license;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant has been punished several times due to drinking and unlicensed driving, and that the defendant has been driving without a license despite being the period of suspended execution for the crime of violating the Road Traffic Act at the time of the instant case, despite being the period of suspended execution.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the confession and reflective attitude of the defendant, shall be determined by comprehensively taking into account the circumstances favorable to the defendant, the age, sex, environment, etc. of the defendant.

It is so decided as per Disposition for the above reasons.

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