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(영문) 인천지방법원 2017.09.01 2017고단4270
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 24, 2017, the Defendant driven a Bmp car without obtaining a driver’s license from the front of the apartment site to the front of the Cheongra Women’s Hospital located in approximately 602m of approximately 0.094% alcohol level from around 100m in the middle of the Seo-gu Incheon, Seo-gu, Incheon to 586, 22, as in the middle of the apartment site.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

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 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that since the Defendant had the driver’s license revoked due to driving under drinking and had already been sentenced to a fine twice due to driving without a license, it is reasonable to criticize the Defendant.

The Defendant has committed a relatively short-term and repeated crime of driving without a license, and there is doubt as to whether the Defendant continues to drive despite the revocation of the driver’s license.

However, the defendant shows the form of recognizing and opposing the crime in this court.

The Defendant made a statement to the effect that it is difficult to make a living when detained for the instant case due to her children, and that he/she will lead a sincere life without recommitting the crime.

The Defendant has been subject to seven criminal punishment, including having been serving two times due to driving of drinking and driving without a license, but all of them.

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