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(영문) 서울서부지방법원 2016.09.20 2016고단2386
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

The Defendant was a person whose driver’s license was revoked on December 16, 2014.

On July 23, 2016, around 22:30, the Defendant driven a DK5 car without a driver's license from the Seoul Seodaemun-gu Seoul, 101 Dong 107 to the 849-day unification of Eunpyeong-gu Seoul, Eunpyeong-gu, to the 849-day new road.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant repeats the recent drinking and unauthorized driving, and there is a need for any corresponding strict punishment.

However, the above punishment shall be determined in consideration of the fact that the defendant recognized his mistake and divided, the fact that there is no record of punishment other than the punishment for drinking driving and driving without a license, and there is no record of more severe punishment than the fine.

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