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(영문) 인천지방법원 2016.04.11 2015고단8163
도로교통법위반(무면허운전)등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 17, 2015, the Defendant driven a 01:3.0D car without a driver’s license for a motor vehicle at B, thereby driving the FX 3.0D motor vehicle at around 01:30,000, the Defendant failed to take necessary measures, such as making a repair cost of 2,200,000 won to immediately report the repair cost of 2,200,000 won, on the front side of “FX 30km Park”, depending on the two-lanes in the front side of “Ambol Park” located in Incheon Bupyeong-gu, Bupyeong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of traffic accidents;

1. A survey report on actual conditions;

1. A report on internal investigation and a written estimate attached thereto;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54 (1) of the Road Traffic Act (not taking any measure after an accident), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (not taking any measure after an accident), Articles 152 of the Road Traffic Act (not taking any measure after an accident), and Article 43 (Selection of Imprisonment or Imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 Protection, Observation, etc. of Order to Attend a lecture even though the defendant had the same criminal history of four times, and the reason for sentencing under Article 62-2(1) and Article 59 of the Act on the Promotion, etc. of Education is no less than that of a crime in light of the circumstances leading up to the crime of this case where a pedestrian traffic signal apparatus was damaged. However, the victim's damage level is relatively minor, the victim's physical damage was completely recovered due to the defendant's repayment, and the defendant committed the crime of this case while driving a stroke after being accumulated.

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