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(영문) 인천지방법원 2017.01.12 2016고단7829
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 6, 2016, the Defendant was sentenced to a suspended sentence of ten months for a crime of violating the Road Traffic Act by the same court, and the said judgment became final and conclusive on October 14, 2016.

피고인은 2016. 10. 6. 14:50 경 자동차 운전면허를 받지 아니하고 B 렉 서스 승용차를 운전하여 인천 남구 석 정로 271에 있는 도화 오거리 앞 도로에서부터 같은 날 14:55 경 인천 남구 경인 로 315에 있는 ‘ 주 안 애 팰리스’ 아파트 앞 도로에 이르기까지 약 1km 구간을 진행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, a report on the result of confirmation before and after the previous conviction, and a copy of the judgment attached thereto (Articles 27 through 30 of investigation records);

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. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) [the period between the above crime and the first head on which the judgment becomes final and conclusive and the violation of Road Traffic Act in the judgment of the court];

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing specified below;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the same Act not only has a large number of criminal records of violating the Road Traffic Act, including three times of the same kind of crime, but also has been sentenced to the crime of violating the Road Traffic Act, such as the first head's criminal records of the judgment, immediately on the day when the judgment was sentenced to the crime of violating the Road Traffic Act, such crime of violating the Road Traffic Act, is very poor, but the first head's crime of violating the Road Traffic Act(d) as stated in the judgment became final and conclusive, the crime of violating the above crime and the first head's traffic act(d) could have been tried together in the concurrent relation of the latter part of Article 37 of the Criminal Act, the violation of other traffic-related Acts and subordinate statutes, the return of the vehicle driven by the defendant to the

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