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(영문) 인천지방법원 2017.08.16 2017고단3773
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

"2017 Highest 3773"

1. On April 25, 2017, the Defendant driven a cub motor vehicle in B without obtaining a driver’s license on a motor vehicle on April 16:30, 2017, driving the cub motor vehicle in B, and driving around approximately 20 km from the front day of the Incheon Bupyeong-gu, Bupyeong-gu, Incheon to the coast of the 41-7-gu, Gyeonggi-do, Gyeonggi-do, to the 1685-lane.

"2017 Highest 4066"

2. On May 26, 2017, the Defendant driven a freight vehicle of about 300 meters from the front of the 134-3 SK Dong-dong, Nam-gu, Incheon to the front road of 163-19 times, without obtaining a driver’s license of a motor vehicle on May 26, 2017, and proceeded with approximately 300 meters.

Summary of Evidence

"2017 Highest 3773"

1. Statement by the defendant in court;

1. "Register of driver's licenses for motor vehicles": 2017 Highest 4066;

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 Road Traffic Act and the choice of punishment concerning the facts constituting an offense, respectively, and Articles 152 subparagraph 1 and 43 of the same Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 and Article 62-2(1) of the Road Traffic Act, including the three-time criminal history of the same kind of crime, where several times of violation of the Road Traffic Act, including the three-time criminal history, have been repeated to commit the crime in this case where a vehicle is driven without a driver's license, and the nature of the crime is inferior, but it does not result in the violation of other traffic-related Acts and subordinate statutes, and the defendant is obliged to support the wife who is a mentally disabled person with mental illness 3rd degree 3, to not repeat the crime, such as his mistake, and selling the vehicle in possession, etc., and to determine the punishment as above by considering all the circumstances under which the sentencing conditions,

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