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(영문) 인천지방법원 2017.07.21 2017고단2512

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 26, 2017, around 15:05, the Defendant driven BM3 automobiles without a vehicle driver's license from the front of the elementary school located in the 242-ro, Nam-gu, Incheon, Nam-gu, Incheon, to the front of the 43-ro, ro 265, a two-way ro 405, a two-way ro 400, a road.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of any violation of the Traffic Act (non-licenseed driving);

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 suspended execution;

1. The sentence is determined as ordered by comprehensively taking into account all the circumstances revealed in the instant case, such as the Defendant’s age, sex behavior, environment, background or motive leading up to the crime, and circumstances after the crime, etc., in light of the reason for sentencing under Article 62-2 of the Criminal Act [the fact that a person has been subject to a suspended sentence on one occasion due to driving without a license and four times due to drinking alcohol (the fact that a person has been subject to a suspended sentence on one occasion due to a drinking alcohol driving in 2012, and a person has been subject to a suspended indictment due to a refusal of drinking in 2014], favorable circumstances (the fact that the crime is recognized and is against depth, and the driving distance is relatively short distance).