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(영문) 인천지방법원 부천지원 2016.11.29 2016고단2879

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2016, at around 10:40, the Defendant driven a DF car without a driver’s license from the front of the “S-OL” in the Hasan-ro, Dongsan-ro, 178, Dongsan-ro, Dongsan-ro, 178, to the front of the Dongsan 3ri Cultural Center.

Summary of Evidence

1. Defendant's legal statement;

1. The register of driver's licenses (list 5);

1. The application of Acts and subordinate statutes to photographs (list 2);

1. Relevant laws concerning criminal facts, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act which choose a penalty, and imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. Probation, Article 62-2 of the Criminal Act of the community service order, Article 59 of the Act on Probation, etc., the defendant's favorable circumstances (i.e., confession, serious reflectivity), unfavorable circumstances (i.e., one suspended sentence), and four times of punishment due to non-licensed driving, including non-licensed driving on August 2016, which is not less than two months prior to the date of the suspension of the execution of the sentence), and other sentencing factors indicated in the instant case, including the defendant's age, character and behavior, health status, living environment, and circumstances after the crime, are considered as requiring proper control, management, and education as to the defendant's driving habits.