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(영문) 인천지방법원 2017.03.29 2016고단8884
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 November 21, 2016, the Defendant driven a BM5 car without obtaining a driver's license from around 08:20 on November 21, 2016, and proceeded with a section of 700 meters from the front of Seo-gu Incheon, Seo-gu to the front road of the entrance of tin high-priced school located in the same Gu, Seonam-dong (269, Seo-gu, Incheon, Seo-gu, Incheon, hereinafter referred to as the "long road").

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 reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the School, when the defendant had a large number of criminal records of violating the Road Traffic Act, including three times of criminal records of the same kind of crime, and in the instant crime of driving a motor vehicle without a driver's license, the nature of the crime was poor, but the distance was not relatively long, but did not go against other traffic-related Acts and subordinate statutes, and his mistake was repented later, and all other circumstances leading to the sentencing conditions, such as the defendant's age, sex, environment, family relationship, etc., shall be considered.

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