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(영문) 인천지방법원 2017.12.21 2017고단8258

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 September 13, 2017, around 10:10, the Defendant driven a vehicle B, without a driver’s license, about 1km from around 10:0 to around 10:0 in front of the Seo-gu Incheon Metropolitan City, Seocheon Middle School No. 57-ro 12, Nam-gu, Incheon, Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. On-site photographs and the driver's license ledger;

1. Application of disqualified statutes;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant had been punished four times due to a non-licensed driving or drinking driving; and (b) reflects the favorable circumstances; and (c) the defendant’s age, sex, environment, motive and circumstance of the crime; and (d) the punishment is determined as ordered in consideration of all the relevant sentencing conditions, including the defendant’s age, sex, motive and circumstance after the crime.