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(영문) 인천지방법원 2017.07.05 2017고단3309
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 28, 2017, the Defendant operated a Brane car without obtaining a driver's license of a motor vehicle on April 17:40, 2017, and run approximately 200 meters to the front road of the Nam-gu Incheon Metropolitan City 339 Man Savings Bank, the same Gu ro 313, the same Gu ro Do-ro, the apartment apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the School, even though there were several criminal records of violating the Road Traffic Act, including the criminal records of the same kind of crime, in the instant crime of driving a motor vehicle without a driver's license, the crime of this case, which led to the failure to obtain a driver's license of the motor vehicle. However, although the defendant was accompanied by the motor vehicle which was originally driven by the motor vehicle and later went to another place after he knew that the defendant did not have a driver's license, the defendant was allowed to drive the motor vehicle directly by the motor vehicle due to the defect of the defendant's request for parking by telephone, the driving distance was relatively short, the driving distance was too short, and all other circumstances that are conditions for sentencing such as the defendant's age, sex, environment, family relationship, etc. are considered.

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