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(영문) 인천지방법원 2013.07.10 2012고단11163

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On May 27, 2009, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act at the Seoul Northern District Court on May 27, 2009, and was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Central District Court on July 27, 2009, and was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act at the Seoul Central District Court on July 27, 2009.

【Criminal Facts of Crimes】 On November 6, 2012, at around 09:05, the Defendant driven Bho-do car without obtaining a driver’s license at a section of about 6 km from the Haak-dong, Haak-dong, Incheon to the Southern-dong, Nam-dong, Incheon to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2009Do1488