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(영문) 인천지방법원 2017.04.19 2016고단8880
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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 November 23, 2016, the Defendant, without a driver’s license, driven a motor vehicle with 1 km B Amnbred from the road near the alley-dong in Kimpo-si, Kimpo-si to the front road of 1-1 km-ro (3rd of the New Annban ballast) among Kimpo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes, such as arrest report on occurrence of a case, relevant photographs, license ledger, etc.;

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 circumstances considered in favor of the reasons for sentencing);

1. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act has been punished several times due to drinking or driving without a license, and the defendant's responsibility for repeating the crime even though he has been punished for the same kind of crime in a relatively recent period, etc.

However, the previous records were punished by a fine (the past records of the probation period in 2002 are pardoned) and a certain part of the past records were punished for a long time, and the defendant disposed of the vehicle after the instant case, the defendant's disposal of the vehicle in depth, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and other various sentencing conditions specified in the arguments of the instant case, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, shall be determined as ordered.

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