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(영문) 서울서부지방법원 2019.10.24 2019고단3020
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 9, 2019, around 15:30 on August 15:30, 2019, the Defendant driven Bone Star Motor Vehicle without obtaining a driver's license from the area of approximately 10km away from the submera-dong in Songpa-gu Seoul, Yongsan-gu to the vicinity of the Handaebuk-gu in Yongsan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the register of detection reports (driving without a license), control details, and 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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for the sentencing of Article 62-2 of the Criminal Act for probation, community service, and order to attend a lecture [finite circumstances] is that the defendant committed the instant crime, even though he had a record of seven times or more due to driving without a license, and at the same time, he was finite to commit the instant crime.

At the time of the crime of this case, the Defendant was found to have been driving without license in the process of regulating traffic offenses.

The risk of recidivism seems to be high in light of the criminal records of these defendants and the attitude of law-abiding.

[Ligue circumstances] The defendant confessions the crime of this case and repents his mistake.

The defendant has no record of criminal punishment exceeding the suspended sentence of imprisonment.

In addition, the punishment as ordered shall be determined in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.

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