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(영문) 인천지방법원 2017.09.27 2017고단2562
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

"2017 Highest 2562"

1. On March 13, 2017, the Defendant driven a Damp wing Vehicle B without obtaining a driver’s license on March 15, 2017, and proceeded with approximately 200 km from the Do in front of the Dowon-gu, Jung-gu, Incheon, Jung-gu, Jung-gu, Seoul, to the front of the Dowon-gu, Jung-gu, Gyeong-gu, Gyeonggi-do, Gyeong-do, Gyeong-do, the Do in front of the 254 nuclear width

"2017 Highest 5876"

2. Around 10:05 on July 21, 2017, the Defendant driven the upper garment of the upper garment of the Maice, and proceeded with approximately 300 meters section from the south-gu, Incheon, the 8-ro, the front of the LG Electronic Service Center, to the south-gu, Incheon, the 100-1, and the 300-meter section from the south-gu, Incheon, the front of the

Summary of Evidence

"2017 Highest 2562"

1. Statement by the defendant in court;

1. "Motor vehicle driver's license register": 2017 Highest 5876;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

1. Article 152 of the Road Traffic Act and the choice of punishment concerning the facts constituting an offense, respectively, and Articles 152 subparagraph 1 and 43 of the same Act;

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 reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service and Order to Attending, even though there are multiple criminal records including the five same criminal records, the Defendant committed the instant crime that driven a motor vehicle without a motor vehicle driver's license, and in particular, the second crime committed after the Defendant expressed his/her intent not to repeat by attending the first trial date and expressing his/her intention not to repeat the crime. As such, the crime is very poor, although the driving distance is very poor, the driving distance does not reach a relatively short range, the fact that there was no violation of other traffic-related Acts and subordinate statutes, the fact that his/her mistake does not go later, and all other circumstances that are the conditions for sentencing such as the Defendant's age, sex, environment, family relationship, etc.

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