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(영문) 인천지방법원 부천지원 2018.10.25 2018고단462
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

Around 11:00 on February 11, 2018, the Defendant, without a driver’s license, driven a B rocketing car in the vicinity of the new Kimpo-ro, Hapo-si, Seopo-si, Kimpo-si, Kimpo-si, Kimpo-si, to the route near the Tongpo-ri High School located in Kimpo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without licenses, and 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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the community service order, the order to attend a lecture, and the observation of the protection of victims - the defendant found wrong.

- The Defendant did not obtain again after the cancellation of the license in 1993, and has been punished five times due to drinking or non-licensed driving after the cancellation.

In particular, the Defendant again committed the instant crime on February 11, 2018, which was issued a summary order on November 17, 2017 due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the violation of Road Traffic Act (unlicensed Driving).

The defendant lacks the awareness of compliance.

It appears that there is no serious violation against the previous crime related to driving without a license.

I seem to appear.

- In relation to the instant crime, the Defendant was driving by requesting the Defendant to bring about a vehicle on the street by a staff member.

However, the B rocketing car used for the instant crime is deemed to have continuously driven the said vehicle with no license by the Defendant due to the vehicle driven by the Defendant in the criminal facts in the case of a summary order issued on November 17, 2017, and the risk of recidivism is high.

- The Defendant had fled before the sentencing date.

- take into account, however, that the detention warrant is against the period of detention after the execution thereof.

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