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(영문) 인천지방법원 2015.07.02 2014고단5052
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 17, 2014, the Defendant, without obtaining a driver’s license of a motor vehicle on April 14:35, 2014, driven B Poter truck at a section of about 1 Km from the street in front of the 121 East Incheon-ro, Jungcheon-ro, Incheon to the transmission of the 4 Dongin Incheon-ro, Dong-ro, Incheon-ro, Dong-ro, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. The Defendant, who has been punished for drinking, driving without a license, has seven times the past records (five times the driving without a license). Accordingly, even though the Defendant had been sentenced to the suspension of the execution of imprisonment, it is inevitable to sentence the Defendant, since he/she was engaged in driving without a license.

However, the punishment as ordered shall be determined in consideration of the age, character and conduct, environment, circumstances leading to the crime, means and methods, results, circumstances after the crime, etc.

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