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(영문) 인천지방법원 2017.04.26 2017고단1169
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 December 11, 2016, at around 18:55, the Defendant driven the B K7 car volume without obtaining a driver’s license, and proceeded with approximately 15km section from the 40-gil, Seodong-gu, Incheon, Nam-gu, Incheon, Seo-gu, to the front road of the modern apartment parking lot located in 21, Seo-gu, Incheon, Seo-gu.

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 reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Community Service and Order to Attend Education, even though there were a large number of criminal records of violating the Road Traffic Act, including five kinds of criminal records, the Defendant was committing the instant crime without a driver’s license. However, if the Defendant was to drive a vehicle owned by the company in order to operate the company’s heating apparatus in advance in preparation for work on the following day at Sundays, the Defendant was to drive the vehicle in preparation for work on the following day; the Defendant was to repent his mistake; the Defendant’s age, sex behavior, environment, family relation, etc.; and all other circumstances leading to the sentencing conditions, including the Defendant’s age, sex, family relation, etc., should be considered and determined as above.

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