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(영문) 인천지방법원 2015.07.02 2015고단2668
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On December 24, 2014, the Defendant was sentenced to two years of suspension of the execution on August 1, 2015 at the Incheon District Court, which became final and conclusive on January 1, 2015 and is currently under suspension of the execution.

【Criminal Facts】

On May 11, 2015, at around 15:00, the Defendant driven a motor vehicle in the 2km area without obtaining a driver's license from the front side of the Kudong apartment in Gyeyang-gu Incheon, Incheon, 19-ro, to the front side of the exit No. 657-ro, 7 meters in front of the exit route No. 657-ro, as the front end of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses and various computerized data;

1. Previous records of judgment: Application of criminal records, inquiry reports (A) and Acts and subordinate statutes;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. The Defendant’s reason for sentencing selective punishment of imprisonment with prison labor is six times the period of punishment for drinking, driving without obtaining a license (three times in the case of driving without a license) and the same type of force as that of the suspension of execution, and thus, it is inevitable to sentence the Defendant’s sentence.

However, the sentencing conditions, such as the defendant's age, character and conduct, environment, circumstances leading to the crime, means and methods, results, etc., shall be determined as ordered in consideration of the fact that the defendant is aware of and against the defendant when committing the crime, and the conditions of sentencing are considered.

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