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(영문) 인천지방법원 2017.03.29 2016고단8522

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2016, at around 15:30 on December 15, 2016, the Defendant driven a B SP car without obtaining a driver’s license, and proceeded with a approximately 1 km distance from the front of the 82 Eart ray to the front of the Seo-gu Incheon, Incheon to the 177-day road.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend a School, which includes the two-time criminal history of the same kind of crime, is no less than the nature of the crime in the instant case where the Defendant driven a motor vehicle without a driver’s license despite the fact that there are several times criminal history of violating the Road Traffic Act, but the crime in this case is not less than the degree of the crime. However, the fact that the Defendant did not proceed to violate other traffic-related Acts and subordinate statutes, later, his mistake is divided, and the Defendant does not repeat the crime, such as selling the motor vehicle in possession, and all other circumstances that are all the conditions for sentencing, such as the Defendant’s age, sex, environment