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(영문) 인천지방법원 2017.06.21 2017고단2709

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 March 30, 2017, the Defendant operated a Crocketing traffic vehicle without obtaining a driver's license of a motor vehicle on March 30, 2017, and proceeded with approximately 3 km from the front of the Incheon Jung-gu Incheon Jung-gu Incheon Jung-ro to the front of the 119 Center in the Naman District Fire Station of Incheon Jung-gu, Jung-gu, Incheon.

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 reasons 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 Police Officers, even though there are a large number of criminal records of violating the Road Traffic Act including the six-time criminal records of the same kind of crime, in the instant crime committed without a driver’s license, the nature of the crime is inferior, but it does not reach a violation of other traffic-related Acts and subordinate statutes, but it is late, its mistake is divided and the sale of owned vehicles is not possible to repeat the crime, and the punishment is determined as above, considering all other circumstances such as the defendant’s age, sex, environment, family relationship, etc.