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(영문) 인천지방법원 2017.09.27 2017고단5190
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 July 2, 2017, the Defendant, without obtaining a driver's license for a motor vehicle from around 10:50, operated a hurbed motor vehicle B, and proceeded with approximately 500 meters section from the front of the 3rd apartment located in the 449-ro, Nam-gu, Incheon, Nam-gu, Seoul, to the front road of the luminous apartment located in the 478-ro, the same 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, even though the defendant had the same criminal history of four times, is not guilty in the case of operating a motor vehicle without a driver's license. However, although the defendant was requested by the hospital at which he was hospitalized to submit documents, he was allowed to drive a motor vehicle in his possession by lending the motor vehicle to another hospital, the driving distance was not relatively long, the violation of other traffic-related Acts and subordinate statutes does not reach the point of violating other traffic-related Acts and subordinate statutes, the following fact that the defendant's mistake is unfolded, and all other circumstances constituting the condition for sentencing, such as the defendant's age, sexual behavior, environment, family relation, etc., shall be considered and the above punishment

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