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(영문) 서울북부지방법원 2015.10.29 2015고단3000
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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

On June 28, 2015, at around 10:15, the Defendant driven a B-be freight vehicle without a driver’s license from around 150 meters away from the Dowing-dong, Dobong-gu, Seoul to the Dowing-ro, 963 Dowing-ro, Dowing-dong, Dobong-gu, Seoul to the Dowing-gu, Dowing-do.

Summary of Evidence

1. Defendant's legal statement;

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

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) the Defendant had a record of being sentenced to a fine of three times due to driving without a license around 2014 through 2015; and (b) the Defendant has a record of being sentenced to a fine of two times due to driving without license; (c) the Defendant acknowledges and reflects his mistake; and (d) the Defendant has no other same criminal records other than the criminal records of driving without license as above; and (e) the Defendant has no criminal records other than the criminal records of driving without license; and (e) the Defendant has no criminal records other than the fine exceeding the fine. In addition, the sentence shall be determined as ordered by taking into account the circumstances of the instant crime, circumstances after the crime, the Defendant’s age, character and conduct, environment, occupation, etc.

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