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(영문) 인천지방법원 2014.07.24 2014고단3249
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 20, 2013, the defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (unlicensed Driving) in the Suwon District Court's Ansan Branch on June 20, 2013, and five criminal records of the same crime are assigned.

On April 21, 2014, at around 15:05, the Defendant driven BDap Motor Vehicle without a driver’s license from approximately 200 meters away from the front road of the Pung apartment apartment 718-gil, Seo-gu, Incheon, Nam-gu, Incheon, to the front road of the Pung apartment 35 U.S. Ho-ro, Dong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of suspects, report on the circumstances of driving without a license, and the register of driver's licenses; and

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Acts concerning criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act.

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of applicable sentences under law: Imprisonment for one month to one year; and

2. Determination of sentence: Four months of imprisonment, two years of suspended sentence, three years of probation [fluoral circumstances] serious reflect [fluoral conditions] driving without permission (the license for motor bicycle was revoked in 1987 although the license for motor bicycle was granted) without permission, and a majority of other criminal records.

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