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(영문) 서울남부지방법원 2016.04.21 2016고단382
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 6, 2016, at around 10:14, the Defendant driven the C Coke-do car without the driver’s license from approximately 2 km section from the front of the Gangseo-gu Seoul Metropolitan Government apartment building to the front of the exit 5, the new fire-fighting station 301, as the former fire-fighting system.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (written explanation of regulating driving without a license);

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

1. Relevant Article of the Criminal Act and Articles 152 subparagraph 1 and 43 of the Criminal Act concerning the selection of criminal facts;

1. Although there are many criminal records that have been punished twice due to drinking, driving without a license, suspension of execution of imprisonment, etc. due to the reasons for sentencing under Article 62(1) of the Criminal Act, the fact that the Defendant continued driving without a license is not good.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the fact that only the driver without a license has been discovered at this time, and the fact that the defendant disposes of the vehicle that he/she has driven and does not drive any more at all, shall be determined by taking into account the favorable circumstances for the defendant, and other conditions of sentencing under Article 51 of the Criminal Act, such as the age, sex,

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