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(영문) 인천지방법원 2016.04.07 2015고단8153
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

"2015 Highest 8153"

1. On November 27, 2015, the Defendant driven BK5 car without obtaining a driver’s license, and proceeded with a section of approximately 300 meters from the front road of “Seoul Bupyeong-gu Hop” to the front road of “Seoul Hop”, which is located on the 24th road, to the same Gu square.

"2016 Highest 434"

2. On December 20, 2015, the Defendant driven the K5 vehicle listed in paragraph 1 without obtaining a driver’s license on December 20, 2015, and proceeded with approximately KRW 300 meters from the front of the Kimpo-dong Kimpo-dong, Kimpo-dong to the front road of the new passenger farm 804 located in the city of Kimpo-dong, as in the same city of Kimpo-si.

Summary of Evidence

"2015 Highest 8153"

1. Statement of the defendant in the first trial record;

1. "Motor vehicle driver's license ledger 2016 high group 434";

1. The defendant's legal statement (the second public trial date);

1. Application of Acts and subordinate statutes to a driver's license;

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 Observation, etc. of Protection, etc., of Social Service and Order to Attend a lecture, even though not only had a large number of criminal records, but also had a record of having been granted a stay of the execution of imprisonment, leading to the instant crime. In addition, without any special reason, the criminal nature of the Defendant who repeatedly drive without a license without a license is not weak in light of the motive and circumstances of the instant crime, and the circumstances after the crime are also good.

Even though it is difficult to see, the defendant does not reach the point of violating other traffic-related laws and regulations, the defendant's mistake has been repented late, and the defendant has raised old parents.

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