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(영문) 서울서부지방법원 2017.05.18 2017고단543
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 16:00 on February 8, 2017, the Defendant driven BMW car without obtaining a driver's license from the front day of Mapo-gu Seoul Mapo-gu, Seoul to the front day of the Seongbuk-dong, Mapo-gu, Seoul, Mawon-dong.

Summary of Evidence

1. Statement by the defendant in court;

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 reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) the Defendant was subject to revocation of a driver’s license on June 11, 201 due to driving under drinking, and was punished for driving without a license in 2012 and 2014; and (b) the Defendant again committed the instant crime without any awareness and is not good to commit the instant crime.

However, the fact that the defendant recognized the crime of this case and reflects the mistake, the defendant did not have been punished exceeding the fine due to drinking or non-licensed driving, and the defendant's age, sexual behavior, environment, etc. shall be determined as ordered in consideration of the sentencing conditions under Article 51 of the Criminal Act.

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