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(영문) 인천지방법원 2017.11.01 2017고단5614 (2)
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 March 30, 2017, the Defendant driven a car B in the section of about 1 km from the front day of the Suwon-si Et-gu Et-gu Et-gu Seoul Metropolitan Government to the front day of the "Seung Pung Pung Pung-ro" road, which is approximately 1 km without a driver's license, from the front day of the Et-gu Seoul Metropolitan City Et-gu Si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and application of vehicle photographs statutes;

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 suspended execution;

1. The appeal was dismissed in the case where the defendant was sentenced to a fine in the first instance trial as stated in the indictment, such as the fact that the defendant had been under suspension of the execution due to the crime of assault by carrying a deadly weapon, and that the defendant had been under suspension of the execution of punishment two times, and that some of them had recently been under suspension of the execution of punishment.

In light of the above, the defendant's liability is not minor.

However, in addition to the suspended sentence prior to the punishment, there is no record of crime exceeding a fine for the defendant, the degree of the crime in this case is not serious, the defendant is currently breaking his mistake in depth, the defendant's age, sex, environment, motive, means and consequence of the crime, etc., and other various sentencing conditions specified in the arguments in this case, such as the circumstances after the crime, shall be determined as ordered.

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