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(영문) 인천지방법원 부천지원 2016.12.23 2016고단2537
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 23, 2016, the defendant was sentenced to a suspended sentence of two years for the violation of the Road Traffic Act (unlicensed Driving) in the Incheon District Court's Busan District Court's Branch on September 23, 201, and the judgment became final and conclusive on October 1 of the same year.

At around 17:00 on September 21, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a 200-meter car from the Seogjin-si, Kimpo-si to the front road of the 2165 Tong-jin High School.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Registers of driver's licenses;

1. Photographs;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (report attached to judgment);

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. The reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act are the fact that the defendant has been punished four times due to a non-licensed driving, and that the defendant stated that the defendant is bound to drive a non-licensed driving for his livelihood, etc. The defendant's mistake cannot be found. The fact that the defendant has driven a non-licensed driving two days prior to the sentencing date although he was tried to drive a non-licensed driving without the previous license, the defendant's age, character, character, environment, health conditions, family relationship, motive, means and result of the crime, etc., shall be determined as the order by taking into account the various sentencing conditions shown in the arguments of this case, such as the circumstances after the crime.

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