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(영문) 인천지방법원 부천지원 2019.01.17 2018고단2931

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 29, 2018, at around 03:28, the Defendant driven the E-math truck without obtaining a driver's license in approximately 300 meters section from the front of Seocheon-si B to the front of D in Seocheon-si C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Inquiry into the enemy;

1. Application of the statutes on the register of driver's licenses;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding criminal facts, Article 152 Subparag. 1 and Article 43 of the Act on the Selection of Penalty, and circumstances unfavorable to the reasons for sentencing of sentence: The defendant, even though his/her license was revoked due to drinking driving, is not good to commit the crime.

There are many records of punishment for drinking driving, and the records of punishment for driving without a license are once.

On the other hand, the driver was sentenced to a suspended sentence because he was under trial due to drinking driving, and the driver was also under the suspended sentence, and there is a high possibility of recidivism.

The favorable circumstances: The mistake is recognized and reflected.

In addition, the punishment shall be determined as ordered by comprehensively taking into account the various sentencing conditions shown in the records and arguments, such as family relations, motive and circumstances of the crime, and circumstances after the crime.