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(영문) 인천지방법원 2017.08.10 2017고단4242

도로교통법위반(무면허운전)

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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 June 6, 2017, at around 16:45, the Defendant driven a car of the vehicle B without the driver’s license from the apartment parking lot of approximately 1 km from the apartment parking lot of the ASEAN-si, Dong-gu, Incheon Metropolitan City to about 4:5, Dong-gu, Dong-gu, Incheon Metropolitan City to about 1km-gu, Nam-gu, Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant had the record of being punished three times by driving without a license; (b) twice by drinking alcohol; (c) the Defendant had the history of being punished by refusing to measure drinking; (d) the Defendant, while driving without a license or drinking conditions, caused traffic accidents while driving under the influence of alcohol; and (e) he/she again led to driving without a license despite the suspended sentence of 2014; and (c) the Defendant was discovered by violating signal signals; and (d) the fact of driving without a license of this case was discovered by the Defendant; and (e) the Defendant was committed by committing the crime, taking into account favorable circumstances; and (e) the Defendant’s age, sexual behavior, environment, motive and background of the crime; and (e) the circumstances after