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(영문) 인천지방법원 2021.02.04 2020고단11028

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for one year.

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 November 30, 2020, around 11:41, 2020, the Defendant driven E-mail truck without obtaining a driver's license from around 12 meters from the front road of the Child Care Center C located in Seo-gu Incheon Metropolitan City, to the front road of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as notification of detection (violation of Road Traffic Act) and the ledger of driver's licenses;

1. Article 152 Subparag. 1 and Article 43 of the former Road Traffic Act (amended by Act No. 17689 of Dec. 22, 202), the selection of punishment for a crime, and the selection of imprisonment with prison labor

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation and probation, has been punished several times due to the same crime, and in addition, it is reasonable to give an opportunity for rehabilitation through treatment in society when considering all of the sentencing conditions stated in the records of this case, such as the defendant's age, sexual behavior, environment, and circumstances after the crime, etc.

Since it is determined as ordered, the punishment shall be determined as ordered, and the execution thereof shall be suspended on the condition that the protection observation and the attendance order shall be faithfully observed.