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(영문) 인천지방법원 부천지원 2018.04.16 2018고단405

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 January 3, 2018, the Defendant driven a Category C Poter-II truck without obtaining a driver's license from around 1km to around 34, 18, Dondo-ro 104, Dondo-ro 18, Dondo-ro, Donsan, which is located in Hapo-si, Hapo-si, Hapo-si, Hapo-si, Hapo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Provisions of the Acts and subordinate statutes governing the traffic of roads, arrest reports, and application of the ledger of driver's licenses to motor vehicles;

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 suspended execution;

1. The conditions of sentencing indicated in the records, such as the defendant's age, occupation, occupation, sex, family relation, living environment, circumstances leading to the crime, etc., under the reason of sentencing under Article 62-2 of the Criminal Act, such as community service order and order to attend a lecture, shall be determined in full view of the following conditions of sentencing as ordered.

- The Defendant has already been punished for a fine of three times due to drinking driving or two times due to a non-licensed driving.

Nevertheless, the driver has also been driving without a license.

It seems that the compliance consciousness is weak.

- However, the defendant has committed a misunderstandings and has not committed a second offense.

- there is no history that the defendant has been punished for a crime of the same kind.