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(영문) 인천지방법원 부천지원 2017.07.13 2017고단1082

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 May 6, 2017, around 04:50, the Defendant driven this Lone Star or Car without a driver’s license from the Do near Seo-gu Incheon, Seocheon-do to about 18 km-ro, Seocheon-ro, 184, up to 18 km-ro, Seocheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the motor vehicle driver's license ledger (List 2)-related Acts and subordinate statutes;

1. Articles 152 subparagraph 1 and 43 of the Road Traffic Act, Articles 152 of the same Act concerning the facts constituting an offense and the selective punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's favorable circumstances (e.g., confession, reflectivity, and most of the criminal punishment for driving without a license for at least nine years) for the reasons of sentencing under Article 62-2 of the Social Service Order Act, Article 59 of the Act on the Observation, etc. of Protection, etc., and Article 59 of the Act on the Promotion, etc. of Social Service, and the defendant's without a license for driving of this case, even though he/she was subject to four times of punishment due to drinking, he/she is not aware of the fact that he/she was subject to a summary order of a fine of three million won due to driving without a license, and again, he/she was under one month after being sentenced to a summary order of a fine of three million won due to a non-license. In order to prevent recidivism of the same or similar crime, the defendant's age, sex, living environment, conditions after the crime, etc., shall be considered together with the order to determine the sentence as above.