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(영문) 인천지방법원 부천지원 2016.06.30 2016고단946

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 9, 2016, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (non-licensed driving) at the Incheon District Court on March 9, 2016, and the sentence became final and conclusive on March 17, 2016, and is currently under suspended sentence.

On May 12, 2016, the Defendant driven a D Twork XG car without obtaining a driver’s license from approximately 500 meters away from around 2250, a 2250-lane to the same Eup/Myeon Kimpo-si, Kim Jong-si, Kim Jong-si, Kim Jong-si, around 06:01, to around 2095.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of control of unauthorized licenses;

1. Previous convictions in judgment: Application of inquiry letter, investigation report (List 9)-related Acts and subordinate statutes, such as criminal history;

1. Relevant laws and Articles 152 subparag. 1 and 43 of the Road Traffic Act regarding criminal facts, conditions favorable to the defendant's reasons for sentencing (the confession, reflectivity, and driving distance shall not go so far) and unfavorable circumstances (including the previous conviction in the judgment of suspension of execution) (six times the period of punishment for the violation of the Road Traffic Act, including the previous conviction in the judgment of suspension of execution), and even though two months have not passed since the decision of suspension of execution became final and conclusive, the crime of driving without a license using the same vehicle is very likely to be committed, and the compliance awareness is significantly lowered;

Unless it is isolated from society for a certain period of time in light of the past, the defendant's power, occupation, and attitude in court, etc., it is likely that it will cause more severe damage to the recidivism of the same or similar criminal act.

The sentencing factors specified in this case, together with the Defendant’s age, sex, living environment, and circumstances after the commission of the crime, shall be determined as ordered by taking into account all of the sentencing factors specified in this case.