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(영문) 인천지방법원 부천지원 2018.09.13 2018고단1892
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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 July 18, 2018, around 17:36, the Defendant driven a Crane car without obtaining a driver's license from approximately 6 km section from the front of Gangseo-gu Seoul Metropolitan Government Gangseo-gu Office to the front of Seocheon-si B.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without licenses, and 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 reason for sentencing under Article 62-2 of the Criminal Act - the defendant's wrong recognition and reflects the order to attend lectures and the order to provide community service order.

- The Defendant, on January 10, 2004, was punished as a fine of KRW 700,000 due to driving under the influence of alcohol on March 27, 2004, as a fine of KRW 3 million due to driving under the influence of alcohol or without the license on March 27, 2004, as a result of refusal of measurement of drinking on December 10, 201, as a fine of KRW 3 million due to a fine of KRW 6 million due to driving under the influence of alcohol on November 13, 2017, but after revocation of the license, committed the instant crime by driving without the license without the charge of the crime.

The awareness of compliance with driving is very weak.

- Other factors such as the motive of crime, method of crime, possibility of recidivism, etc. shall be determined as ordered.

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