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(영문) 인천지방법원 2016.04.11 2016고단146

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 November 22, 2015, the Defendant driven BM5 vehicle without obtaining a driver's license of a motor vehicle on November 15:50, and proceeded with a section of approximately 200 meters from the framework of the apartment in front of the apartment in Man-dong, Incheon Metropolitan City to the front of the gas station in Man-dong, Incheon Metropolitan City.

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 reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend the lecture has the six-time criminal history and six-time criminal history due to driving under the same kind of crime, drinking, etc., as well as the criminal history of the instant case where a license without a license was postponed on four occasions, which led to the instant crime where a license was conducted on four occasions, and the nature of the relevant crime is very poor, and the Defendant did not proceed to violate other traffic-related Acts and subordinate statutes, and the Defendant did not repeat again after his/her mistake was divided, and the Defendant’s age, sex, occupation, environment, family relationship, etc. are taken into account, and the punishment shall be determined and observed as above in order to prevent the possibility of recidivism by the Defendant.