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(영문) 인천지방법원 2016.10.13 2016고단4956
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 26, 2016, at around 18:50, the Defendant driven a B-type car without obtaining a driver's license, and proceeded with approximately KRW 1 km from the front of the 59 teahouse in Nam-gu Incheon Metropolitan City, to the front of the 173 Mando Articles 173,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act, including three times of criminal records of the same kind of driving without a license, the defendant is not guilty in the crime of this case where a number of times of violation of the Road Traffic Act, including the criminal records of the same kind of driving without license, and driving a motor vehicle without a license. However, the defendant is sentenced to punishment as above by considering all the circumstances, including the defendant's age, character and conduct, environment, family relation, etc., where a woman-friendly group who has driven a motor vehicle was unable to drive the motor vehicle without a driver's license. However, the defendant is deemed to have been driving a motor vehicle directly because he/she was unable to find a substitute driver due to his/her failure to comply with other traffic-related Acts and subordinate statutes, the fact that he/she did not go back to violate other traffic-related Acts and subordinate statutes, and the defendant's age, character and behavior, environment, family relation, etc.

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