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(영문) 인천지방법원 2016.10.27 2016고단5353
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 25, 2016, the Defendant operated the B-wing-III truck without obtaining a driver's license at around 10:40 on July 25, 2016, and proceeded with a section of about 30 km from Yeonsu-gu Incheon Metropolitan City to a point of 300 km along the West Coast Highway.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act, including the three-time same criminal records due to unauthorized driving, when the defendant drives a motor vehicle without a driver's license even though there are a number of criminal records violating the Road Traffic Act, including the three-time same criminal records due to driving without license, the crime is not good, but the crime is not committed, but it does not reach the violation of other traffic-related Acts and subordinate statutes, and the fact that his mistake is divided later, and all other circumstances surrounding the sentencing conditions such as the defendant's age, character and behavior, environment and family relationship are considered

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