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(영문) 인천지방법원 2018.06.20 2018고단2782
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 27, 2018, at around 10:40, the Defendant driven the B-wing truck without obtaining a driver’s license from the Do in front of the shooting distance of the inspection team located in the Seo-gu Incheon Seo-gu Incheon, Seo-gu, Incheon, to the front road of the king-dong, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

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 crime of this case on the ground of sentencing under Article 62(1) of the Criminal Act is an unfavorable circumstance to the defendant, such as the fact that the defendant drives a cargo vehicle without a driver's license, and the defendant has already been subject to five times criminal punishment due to the same crime.

On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, there is no record of criminal punishment exceeding the fine for the same crime before, and it does not proceed to the violation of other traffic-related Acts and subordinate statutes in addition to the driver's license without the license, and again, he does not drive without the license.

It is hard to say that it is favorable to the defendant.

In full view of the above circumstances and all of the sentencing conditions as shown in the arguments in this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment shall be determined as ordered.

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