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(영문) 서울남부지방법원 2017.04.27 2017고단769
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for four 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

On February 6, 2017, at around 23:00, the Defendant driven B K5 cars without obtaining a driver's license from the Paris store located in the Gongjudong, Seoul Special Metropolitan City, Nowon-gu, to around 23:40 on the same day, from around 23:40 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of enforcement manual and 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 circumstances that are advantageous to the reasons for sentencing under Article 62-2 of the Criminal Act: There is no previous conviction exceeding the fine; and

(k) Unfavorable circumstances: A person who has been subject to punishment three times due to drinking or unlicensed driving (Provided, That driving without a license is limited to one time); although alcohol concentration in blood does not reach the number of punishment, driving with drinking alcohol while driving with drinking alcohol;

O.0 Other extenuating circumstances, such as driving distance and circumstances after the crime.

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