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(영문) 서울서부지방법원 2018.02.13 2017고단3555
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 18, 2017, the Defendant was sentenced to imprisonment with labor for one year for a violation of the Road Traffic Act (drinking driving) in the support of Suwon Frigwon, and the judgment on October 26, 2017 became final and conclusive.

[Criminal facts] On October 13, 2017, around 15:52, 2017, the Defendant driven a CSP car without obtaining a driver's license in approximately 13 km section from the 102-ro station in Mapo-gu, Mapo-gu, Seoul to the Gangseo-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul, to the Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, and the summary of the evidence.

1. Statement by the defendant in court;

1. An explanatory note;

1. Investigation report (as to the disposition of revocation of driving license):

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (short competition confirmation after Article 37 of the Criminal Act);

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by considering the following circumstances.

It is recognized that the crime of this case was committed while the person was sentenced to imprisonment two times as a result of the crime of drinking driving or driving without a license for drinking, the punishment of a fine two times as a result of the crime of imprisonment, and the crime of this case was committed while being sentenced to the crime of violating the Road Traffic Act (driving of Drinking). The equality between the case where the judgment is judged simultaneously with the crime of the above violation of the Road Traffic Act (driving of Drinking).

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