(영문) 인천지방법원 부천지원 2018.04.26 2018고단554

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2018.04.26 2018고단554

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On February 8, 2018, the Defendant was sentenced to one year of suspension of the execution of six months of imprisonment with prison labor due to a violation of road traffic law (unlicensed driving) in the Incheon District Court’s Vice-Support on February 8, 2018, and the above judgment was finalized on February 20, 2018.

[2] On February 14, 2018, around 09:28, the Defendant driven a C Poter truck without obtaining a driver’s license from around 500 meters away from the front of the Ginseng Center in the Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju District to the third distance from the entrance of the Muju Jeju Jeju Jeju Jeju Jeju Jeju District, to the Mari-si, the Mapo-si, the Mapo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Control report (driving without a license) and report on the situation of driving without a license;

1. The driver's license ledger;

1. Making teas;

1. Vehicle photographs;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification of suspect's unlicensed driving and driving records of drinking), copy of judgment, etc., and application of Acts and subordinate statutes of search for integrated cases;

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. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: (a) there are extenuating circumstances, such as the fact that the defendant's reason for sentencing under Article 39(1) is aged and the risk of driving without a license is relatively small; (b) however, in light of the fact that the defendant was sentenced to a suspended sentence on February 8, 2018 due to a non-license driving on the same kind of non-license, three times the career of being punished for driving without a license and three times the career of being punished for driving without a license, and that the defendant was sentenced to a suspended sentence on February 8, 2018, but only one week has not passed since the non-license driving of this case, the defendant's compliance consciousness is deemed to be considerably weak

참조조문

-형법 제37조

-형법 제39조 제1항

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