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(영문) 인천지방법원 2017.10.27 2017고단5307
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On June 23, 2017, around 14:43, the Defendant driven a vehicle of approximately 700 meters wide from the front of the road of the 151-ro, Namdong-gu, Incheon, Namdong-gu, Incheon, without obtaining a driver's license from the vehicle of approximately 700 meters wide to the road of the 415-day, Namdong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

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

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant has a record of criminal punishment of ten times of sentencing under Article 62-2 of the Criminal Act, and among which, the Defendant has three times the previous driver’s license and two times the previous driver’s license and two times the previous driver’s license.

In particular, the defendant has been punished by a fine due to driving without a license even around 2016.

When the defendant was discovered as a violation of the cargo vehicle's cargo crash prevention measure and confirmed whether or not a license was granted, the crime of this case was revealed, and the quality of the crime is not good.

On the first trial date, the Defendant made a statement to the effect that the Defendant was found to have been engaged in practice for acquiring driver's license with respect to the circumstances of the crime, but the content of the statement is inconsistent with the purport that the Defendant was driven to meet the delivery deadline in the Defendant’s newspaper at the second trial date.

On January 13, 2005, in light of the records that the Defendant was punished for the three-time driver's license after the revocation of the driver's license, there is doubt as to whether the Defendant continued to drive even while the driver's license was revoked.

However, the defendant shows that the defendant recognized the crime in this court, and shows a strong reflectivity.

Although there are several criminal records on the defendant's several occasions, there is a relatively minor penalty since around 1979, and there is no criminal record of suspended execution or more.

The defendant.

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