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(영문) 인천지방법원 2018.08.13 2018고단4504

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six 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 May 26, 2018, around 21:30, the Defendant driven a two-km motor vehicle without obtaining a driver's license from the front side of the road No. 5, Yong-gu, Incheon, Nam-gu, Incheon, to the road No. 74, 507, as the same Gu-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without 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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for the protection and observation of the protection and the punishment of the defendant is to be strictly punished in consideration of the fact that the defendant drives a vehicle without a driver's license, and that the defendant has already been subject to four times criminal punishment for the same crime.

However, the fact that the defendant recognized the crime of this case and against the mistake, there is no record of criminal punishment exceeding the fine for the same crime before, and the fact that the defendant did not proceed to the violation of other traffic-related Acts and subordinate statutes in addition to the unauthorized driving, and that he does not again drive without the license.

In full view of the fact that the defendant's age, sex, environment, family relationship, motive, means and result of the crime, all the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, family relation, motive, means and consequence, the punishment shall be determined as ordered.