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(영문) 인천지방법원 부천지원 2017.09.22 2017고단1864
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 4, 2017, around 09:54, the Defendant driven a CM5 car without obtaining a driver’s license from the Do in front of Kimpo-si, Kimpo-si to approximately 2 km in front of Kimpo-si, 28-ro, Kimpo-si apartment from the Do in front of Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (ctv video analysis);

1. A survey report on actual conditions;

1. License register;

1. Application of Acts and subordinate statutes to photographs of the relevant suspect driver's vehicle by cutting down his/her mersh, on-site photographs, and CCTV images;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The number of years of punishment for driving without the same kind of license is six times, and one of them is sentenced to suspended sentence. Circumstances favorable to the conflict between other vehicles in the parking lot while driving without the instant license: The recognition of the crime and reflectability, and other various sentencing conditions shown in the records and arguments, such as the motive and background of the crime, the means of the crime, and the circumstances after the crime, etc., shall be determined as per the order.

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