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(영문) 인천지방법원 2014.06.09 2014고단827
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 of the final judgment.

Reasons

Punishment of the crime

On March 26, 2013, at around 07:19, the Defendant driven a B-learning car owned by the Defendant without a driver’s license, from around 2 km to the front day of the house distance in the same Gu and household, from the front day of the Cheongra apartment apartment to the front day of the home distance in the same Gu and Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on circumstances of driving without a license and an inquiry about driver’s license;

1. Relevant Acts concerning criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act.

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order and Probation Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to one year; and

2. Determination of sentence: Imprisonment with prison labor for six months, a stay of execution for two years, community service, probation [fluored circumstances] that has no other criminal history except for a violation of the Road Traffic Act [fluoring circumstances], but has a motor vehicle under the name of the defendant; imprisonment for four months, a stay of execution for two years, and an order to attend a course for violating the Road Traffic Act on July 5, 2010; and on November 23, 2012, there is a record of being sentenced to a fine of five million won as a fine for a violation of the Road Traffic Act (driving without a license; three times prior to the driving without a license);

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