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(영문) 서울서부지방법원 2016.03.29 2016고단117
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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

On January 5, 2016, around 13:35, 2016, the Defendant driven a CXG franchise vehicle owned by the father (the father) in front of 341-15 Hongdong, Seodaemun-gu, Seoul, from the street to the street of 377 in front of the same Gu and the street of 377.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a driver's license;

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 (see the following grounds for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has already been punished twice due to driving without a license, and the defendant again conducted driving without a license of this case even though he had had been punished three times due to driving without a license.

However, in consideration of the fact that the defendant recognized his mistake and divided, and there is no past record of punishment more severe than the fine, the punishment shall be determined to suspend the execution of imprisonment as above.

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