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(영문) 서울서부지방법원 2019.09.24 2019고단2185
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 April 22, 2019, at around 10:20, the Defendant driven C Lasta car without obtaining a driver’s license on the road from the 240 Mad World Cup World Cup-ro, Mapo-gu, Seoul, 240 to the 800-meter road in front of the Han River Park in the direction of the Gu from the 240 Madrid World Cup-ro, Seoul to the river in front of the Han River Park.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Application of the Acts and subordinate statutes governing enforcement photographs;

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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the “disfortunate sentence”) is that the Defendant had a history of having been sentenced to four times or more due to driving without a license even in the past, and the nature of the instant crime is not good.

In addition, the Defendant was found to have been driving without license in the process of regulating traffic offenses at the time of committing the instant crime.

【Ligue circumstances】 The defendant's mistake is divided into one's own mistake and does not repeat the crime.

On the other hand, there was no additional damage due to the driving distance.

There is no record that the defendant has been punished for the same crime beyond a fine.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as ordered.

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