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(영문) 인천지방법원 2017.07.20 2017고단4077

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

피고인은 2017. 5. 7. 20:00 경 인천 남동구 논 현로 26번 길 15에 있는 ‘ 짬뽕 타임’ 식당 앞 도로에서부터 같은 구 호구 포로 205에 있는 호구 포 역 앞 도로에 이르기까지 약 100m 구간에서 자동차 운전면허를 받지 아니하고 B 에 쿠스 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and report the circumstances 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. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is that the Defendant was punished three times due to drinking, and that there was a past record of criminal punishment nine times due to drinking, etc., are contrary to the unfavorable circumstances, and that a traffic accident, etc. is not caused due to driving without a license, etc., shall be considered as favorable circumstances, and the sentence shall be determined as ordered, taking into account all the factors such as the Defendant’s age, sex behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc.