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(영문) 인천지방법원 2017.02.02 2016고단8418
도로교통법위반(무면허운전)
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 18, 2016, the Defendant driven a B-car without obtaining a driver's license from around 13:50 on November 18, 2016, and proceeded about about 200 meters from the calculation calendar distance as the name of Gyeyang-gu Incheon Metropolitan City, to the front road, according to the same Gu name.

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 Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the School and Article 62-2(1) is that the defendant is driving without a driver's license even though he had a large number of criminal records, including the three same criminal records of the same kind of crime. However, the criminal defendant seems to have been driving directly for the purpose of going to a pharmacy by the real estate intermediary who was working together with the defendant. The driving distance is relatively short, the fact that the defendant did not go against other traffic-related Acts and subordinate statutes, the fact that he did not go to violate other traffic-related Acts and subordinate statutes, the fact that he did not repeat again, such as selling a vehicle held in the name of the wife, etc., after the late, the fact that the defendant's age, sex, environment, family relations, etc., and all other circumstances leading to sentencing conditions as above.

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