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(영문) 서울서부지방법원 2017.06.29 2017고단979
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On March 11, 2017, the Defendant, without obtaining a driver’s license, driven a DNA car at approximately 1.6 km from the road front of the Defendant’s residence in Mapo-gu Seoul Metropolitan Government to the road front of the 112-ro, Mapo-gu, Seoul Mapo-gu, Seoul, at around 02:35, on March 11, 2017.

2. On March 23, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle, driven a DNA low-income motor vehicle at around 21:30 on March 23, 2017, from the roads adjacent to Mapo-gu Seoul Mapo-gu New Village to about 18-ro, Seoul Mapo-gu, to the roads adjacent to the Busan Mapo-gu New Village, and around 500 meters prior to the Busan Mapo-gu Public Security Center.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of each statute governing enforcement;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the choice of imprisonment with prison labor, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant was punished twice by driving without a license in 2012, and the driver’s license of a motor vehicle was revoked on October 4, 2016, and the Defendant was found to have been exposed several times from February 17, 2017 to March 23, 2017 due to lack of awareness of being able to comply with traffic laws and regulations due to the discovery of the instant crime as well as the instant crime from February 17, 2017 to March 23, 2017.

However, the sentencing conditions stipulated by Article 51 of the Criminal Act, such as the fact that the defendant is against the crime of this case, the fact that the defendant is not subject to punishment exceeding the fine due to driving without a license, the driving distance of the defendant, the age of the defendant, sexual conduct, environment, motive for the crime, circumstances after the crime, etc., shall be determined as ordered by the order.

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