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(영문) 인천지방법원 2017.09.13 2017고단4574
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 May 31, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle from around 14:00, driving D cargo vehicles at a section of about 500 meters from the Do in front of the Seo-gu Incheon Seo-gu, Incheon to the front road located in 323, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

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

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 extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend, although there are a number of criminal records in violation of the Road Traffic Act including the same criminal records, the defendant is not guilty of the crime of this case where he drives a motor vehicle without a driver's license. However, the defendant is not guilty of the crime of this case where a person in charge of the driver's license of a waste disposal business operated by himself drivess the motor vehicle in order to procure parts while going out of the country, the defendant does not go to violate other traffic-related Acts and subordinate statutes, his mistake is divided, and the defendant does not repeat the crime, such as selling the motor vehicle in possession, etc. later, the defendant's age, sex, environment, family relationship, etc. shall be considered in all other circumstances.

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