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(영문) 인천지방법원 2016.07.21 2016고단3100

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six years.

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 April 24, 2016, the Defendant driven a BRavi other car without obtaining a driver's license from around 09:45 on April 24, 2016, and proceeded with approximately KRW 500 meters from the 429 road in Nam-gu, Incheon to the 14-6 front road, Nam-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 reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend the lecture, and Article 62-2(1) of the Act on the Inspection, etc. of Education, despite a large number of crimes violating the Road Traffic Act such as 4-free driving and 3-time drinking driving, the Defendant committed the instant crime without a driver’s license, but the nature of the crime is very poor. However, the Defendant did not violate other traffic-related Acts and subordinate statutes; the Defendant must care for the old and minor children who are in the face of illness in the heart and illness with the heart; the circumstance that the Defendant should care for the old and the minor children who are in the face of illness with the heart and illness; the Defendant did not repeat the crime, such as selling the vehicles in possession; the Defendant’s age, sex, occupation, environment, family relationship, etc.