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(영문) 인천지방법원 2017.01.12 2016고단6904
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 October 17, 2016, the Defendant driven Category C 2 cargo vehicles without obtaining a driver's license of a motor vehicle on October 16:13, 2016, and proceeded with approximately 1.5 km from the 18-ro, Bupyeong-gu, Incheon, Bupyeong-gu, U.S. to the front road of the 528 km-ro, Bupyeong-gu, Incheon.

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 reason 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 and Article 62-2(1) of the Act is that the Defendant committed the instant crime in which the Defendant drives a motor vehicle without a driver’s license despite a large number of criminal records, including the two-time same criminal records of driving without a driver’s license, which led to the failure to violate the Road Traffic Act, but the nature of such crime is inferior; however, it does not reach a violation of other traffic-related Acts and subordinate statutes; the Defendant’s mistake is divided later; and the Defendant’s age, sex behavior, environment, family relationship, etc. are

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