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(영문) 인천지방법원 2020.05.18 2019고단9156
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On November 9, 2019, at around 08:0, the Defendant driven a CNAS CY car without obtaining a driver's license from the Do in front of the Kimpo-si, Jung-gu, Incheon, Incheon, to approximately 25 km of the road in front of the Incheon port distance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of the ledger of driver's licenses and the Acts and subordinate statutes concerning car checking;

1. Relevant Article of the Act on the Crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the grounds for sentencing selective to imprisonment, and the reasons for sentencing;

1. On August 24, 2017, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) and a violation of the Guarantee of Automobile Accident Compensation Act at the Seoul Southern District Court on September 1, 2017, and the judgment became final and conclusive on September 1, 2017.

The Defendant’s driver’s license was revoked on June 29, 2017 due to the instant crime.

On June 15, 2018, the defendant was sentenced to imprisonment for 10 months, 2 years of suspended execution, 40 hours of community service order, 40 hours of probation order, 40 hours of probation order, and 40 hours of probation order in Ansan Branch of the Suwon District Court on June 15, 2018, for violation of the Road Traffic Act, violation of the Road Traffic Act, violation of the Road Traffic Act, violation of the Road Traffic Act, violation of the Road Traffic Act, and violation of the Road Traffic Act.

2. The Defendant committed the instant crime without being aware of the suspension of execution for the same crime and again committed the instant crime without obtaining a license.

The Defendant was in violation of signal instructions at once, and the distance from driving is also short.

In light of the attitude of crime and the continued circumstances of the same crime, the defendant is sentenced to the punishment because it is judged that the defendant's punishment is too severe in driving.

The term of punishment shall be determined by taking into consideration the circumstances in which the defendant misleads and reflects the defendant.

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