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(영문) 서울중앙지방법원 2016.05.25 2016고단339
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 January 6, 2016, around 22:30, the Defendant driven a B Car without obtaining a driver's license from around approximately 200 meters from the front road of the new forest basin in the Southern-gu, Seoul Special Metropolitan City, to the front road of the same new ro 53-lane apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

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 fact that there was a history of punishment for driving under drinking and non-licenseing on several occasions including the previous convictions prior to the suspended sentence on the grounds of sentencing under Article 62-2 of the Criminal Act, and that the pertinent non-licenseing was done after the lapse of two years prior to the previous suspended sentence, and the fact that the pertinent non-licenseing was driven while the pertinent non-licenseing had failed to meet the standards for punishment for driving under drinking but was driven under the state of drinking is disadvantageous to the Defendant.

However, the sentence shall be determined as ordered in consideration of various sentencing conditions in the records, such as the defendant's age, sex, family relationship, and circumstances after the crime, along with the fact that the defendant has no criminal record and reflects the crime.

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