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(영문) 인천지방법원 부천지원 2018.11.23 2018고단2633
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 29, 2018, the Defendant driven the B Poter Cargo Vehicles owned by the Defendant without obtaining a driver’s license from around 2 km-ro 301, Seocheon-si, Seocheon-si, Seocheon-si, Seoul Special Metropolitan City, to around 14:35 on the same day from the front of the shooting distance of the Do road in Seocheon-gu, Seocheon-si, Seocheon-si, Do.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is that the Defendant committed the instant crime again despite the number of times the same and similar criminal records, the Defendant committed the instant crime, which is disadvantageous to the Defendant.

However, the punishment is determined as ordered by comprehensively taking into account the following factors: (a) the Defendant’s motive and background leading up to the Defendant’s mistake; (b) the circumstances after the Defendant committed the crime; (c) the details and frequency of the previous criminal records; (d) the circumstances after the commission of the crime; and (e) the Defendant’s age, sex, family relationship; and (e) economic conditions.

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