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(영문) 인천지방법원 부천지원 2016.10.07 2016고단1351

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 26, 2016, around 07:40, the Defendant driven a vehicle B i30 vehicle without obtaining a driver’s license from approximately 1 km section from around 8, 149-ro, Seocheon-gu, Seocheon-si, Seocheon-si to 8-ro, the same Gu-ro, to 8-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, and the application of the statutes governing driver's license inquiry;

1. On March 16, 2015, the Defendant was sentenced to imprisonment for ten months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a drunk driving, and two years due to suspended sentence, and was sentenced to a fine twice on June 5, 2015 and August 19, 2015. < Amended by Act No. 13337, Jun. 5, 2015; Act No. 13582, Aug. 19, 2015>

Nevertheless, on April 26, 2016, the Defendant continued to drive the instant without a license during the suspended execution period, and subsequently re-offending three times during the suspended execution period.

On the other hand, there is no circumstance to see that the defendant was forced to drive without the license of this case.

(A) In light of the fact that the Defendant, who is performing the installation work of the Gaber C and the installation work of the lacing vehicle, has been engaged in installation work using the Loneex She drive, and the Defendant appears to have conducted the instant without obtaining a license for commuting only for the convenience of commuting to and from work. As such, in light of the fact that the Defendant repeatedly conducted a licensed driving without any awareness of any crime during the period of suspension of execution, and in light of the fact that the risk of recidivism is high and the Defendant again sentenced to a fine is deemed to have no effect on preventing recidivism by the Defendant, a sentence is inevitable for the Defendant to be sentenced.

Such circumstances and the fact that the Defendant disposed of the instant vehicle immediately after the instant crime, and appears to be against the instant crime, and the age, environment, and the degree of the instant crime.