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(영문) 인천지방법원 2017.09.01 2017고단4677
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 June 14, 2017, around 22:00, the Defendant driven a B rocketing car without obtaining a driver’s license from the front of the dialogue elementary school located in 13, a 301-gil, Nam-gu, Incheon, Nam-gu, Incheon, to the same tin-ro 440-day 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 suspended execution;

1. The reasoning for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order, the community service order, and the order to attend a lecture [the fact that the driver has not obtained a driver's license, and the driver's license without license has been re-offending despite many times of the past two years including the suspension of indictment, etc.], favorable circumstances (which shows the appearance of recognizing and reflecting the crime, and there is no criminal history exceeding the fine) and other circumstances that are the conditions for sentencing revealed in the instant case, such as the time interval with the previous punishment, the defendant's age, sexual behavior, environment, circumstances leading to the crime, or motive, etc., shall be determined by comprehensively taking into account all the circumstances that are the conditions for sentencing revealed in the instant case, including the following circumstances.

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