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(영문) 서울남부지방법원 2016.07.14 2016고단2033
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 April 19, 2016, without a driver's license of a motor vehicle around 13:00, the Defendant driven a B-be truck in a section of about 90km near the Gain-dong, Songpa-gu, Seoul to about 321km near the Gyeong-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The driver's license ledger (A);

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

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 Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, is in need of a more strict punishment in light of the following: (a) the Defendant, after the cancellation of a license in 2010, had been sentenced to two times or more of a fine due to driving without a license, etc., and (b) once again

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's confession and reflectness, favorable circumstances such as the fact that the defendant has no record of punishment beyond the fine, and the age, sex, environment, etc., shall be comprehensively taken into account, and the punishment shall be determined as ordered.

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