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(영문) 인천지방법원 2016.05.26 2016고단1910
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 23, 2016, the Defendant driven a gallon road without obtaining a driver’s license of a motor vehicle on March 14:30, 2016, and proceeded with approximately 1 km section from the front road of the “CJ No. 3 Factory” in 49, Jung-gu, Incheon, Jung-gu, to the front road of the “CJ No. 49” to the front road of 353, as it is located in Jung-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 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, even though there were a number of criminal records having violated the Road Traffic Act, including three times of the same kind of crime, and the quality of the crime is very poor. However, the defendant, as a person operating a D company, is driving a vehicle to deliver goods to the designated place in the situation where there is no other employee, after receiving urgent contact from the customer in the situation where there is no other employee, in order to deliver the goods to the designated place by the customer. The defendant does not reach a violation of other traffic-related Acts and subordinate statutes, but does not repeat the crime, such as selling the vehicles in possession, etc. The defendant's age, sex, environment, family relationship, etc.

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