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(영문) 인천지방법원 2017.07.07 2017고단3229

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 April 12, 2017, around 11:02, the Defendant driven a wing-in freight vehicle B without obtaining a driver’s license from approximately 13 km section from around the 38-lane, Gangseo-gu, Gangseo-gu, Seoul, to the front road of the movable property in the course of the Seo-gu Incheon Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. 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 suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act, including the observation of protection and community service order, the community service order, the order to attend lecture, the circumstances unfavorable to the reasons for the sentencing of Article 62-2 of the Criminal Act (the fact that a large number of crimes, including the criminal records of the same type, have been committed again despite the fact of violating the Road Traffic Act, including the same type of crime), favorable circumstances (the fact that the crime of this case has been recognized and reflected, traffic accidents, etc. have not occurred due to the operation of the license without the license of this case, and the fact that there has been no criminal records exceeding the fine for the last seven years) and other factors revealed in this case, including the defendant's age