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(영문) 인천지방법원 2017.08.04 2017고단2942
도로교통법위반(무면허운전)등
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

1. On April 10, 2017, the Defendant, as a substitute driver, driven a motor vehicle B, without a driver’s license, at around 23:40 on April 10, 2017, from the public parking lot in the area of Nam-gu, Incheon, Nam-gu, Incheon to the public parking lot in active service in the area of about 5km of the same Gu month to the road front of the 77 Hyundai Home Network.

2. The Defendant violated the Road Traffic Act: (a) while driving a string vehicle in front of the Incheon Namdong-gu Incheon Metropolitan Home Network without a driver’s license on the road in front of the 77 modern Home Network in the south-gu, Incheon Metropolitan City; and (b) 1,591,920 won of repair costs were collected from the victim C who was driving a one lane due to his own driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement (net 14);

1. The driver's license ledger (A);

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes, such as vehicle photographs and estimates of repair expenses (net 17);

1. Relevant Article of the Act and Article 152 subparag. 1, Article 43 (Unlicensed Driving, Selection of Imprisonment), and Article 151 of the Road Traffic Act (the point of destroying duties and real property, and Selection of imprisonment without prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasoning for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order, the community service order and the order to attend a lecture, and the fact that there was no driver's license to repeat a crime despite being subject to punishment twice a license without a license, and the act of acting as an driving engineer (see, e.g., the record 27 pages) causing traffic accidents, and the occurrence of damage caused by the instant accident, etc.], favorable circumstances (e.g., the recognition of the crime) and other circumstances revealed in the instant case, such as the period of time, distance, driving distance, the defendant's previous (e.g., the past (e., the past) criminal records, age, sexual behavior, environment, the background or motive leading to the crime, and the circumstances after the crime, etc., shall be determined as

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