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(영문) 인천지방법원 2017.06.21 2017고단2854
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 January 25, 2017, the Defendant operated a Braner TG car without obtaining a driver's license, and proceeded with approximately 7 km section from front of the Incheon Bupyeong-gu Seoul Building to the welfare of Silung-17, from the front of the Incheon Bupyeong-gu Seoul Building to Silung-17.

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 and Order to Attending the Police, even though there are a large number of criminal records of violating the Road Traffic Act including the five like criminal records, the Defendant was driving a motor vehicle without a driver's license of the same kind, and the nature of the crime is inferior, but it does not result in any violation of other traffic-related Acts and subordinate statutes, but later, his mistake is divided, and the Defendant did not repeat the crime, such as selling the motor vehicle in possession, transferring the name of the motor vehicle to another person, or moving it to a business department unrelated to driving within the workplace, and all other circumstances constituting the conditions for sentencing, such as the Defendant's age, sex, environment, family relationship, etc., shall be determined as above, taking into account all the circumstances leading to the sentencing.

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