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(영문) 인천지방법원 2017.05.10 2017고단1508

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 22, 2016, the Defendant was sentenced to a suspended sentence of three years on March 30, 2017 by imprisonment with prison labor for a crime of violating road traffic law (drinking) in the Incheon District Court's Branch Branch.

On February 26, 2017, the Defendant driven a BM3 car without obtaining a driver's license of a motor vehicle on February 16, 2017, and driven a approximately 400 meters distance from the road front of the 69 Bupyeong-gu Incheon Bupyeong-gu, Incheon, to the road front of the 1397 front of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, investigation reports (prior convictions without the suspect's license and confirmation), application of the search-related Acts and subordinate statutes;

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. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) [the period between the above crime and the first head on which the judgment becomes final and conclusive, and a violation of Road Traffic Act (unlicensed Driving, etc.)];

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

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc., even though there are a large number of criminal records, and even if there are many kinds of criminal records, the crime was committed in this case where the defendant drives a vehicle without a driver's license, but the violation of other traffic-related Acts and subordinate statutes does not reach the point of violating other traffic-related Acts and subordinate statutes. The above crime was committed in concurrent crimes with the first head's violation of the Road Traffic Act (driving) in which the judgment became final and conclusive, and the latter part of Article 37 of the Criminal Act, which could have been tried together in concurrent crimes, such as the crime of violation of the latter part of the Criminal Act, and the fact that the defendant did not repeat the crime such as late or after his mistake, selling the vehicle in possession, etc., and all other circumstances