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(영문) 인천지방법원 2017.10.11 2017고단5046
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

"2017 Highest 5046"

1. On June 14, 2017, the Defendant driven a vehicle B, wing-III, without obtaining a driver’s license of a motor vehicle, and proceeded with a section of approximately 65 km from the front side of the 36-lane, which is located in the south-dong, Nam-gu, Incheon, Nam-gu, Seoul, to the front side of the 36 km-ro, in order to arrange the Won-si Eup in Pyeongtaek-si.

"2017 Highest 5879"

2. On October 30, 2017, the Defendant driven a freight vehicle B, C, and C, without obtaining a driver’s license on around 15:40, and proceeded with a section of about 25 km from the 75-day Switzerland parking lot in the south-dong, Nam-gu, Incheon, Nam-gu to the 5 km-dong Highway in the Gyeonggi-do (Seoul-dong Highway).

Summary of Evidence

"2017 Highest 5046"

1. Statement by the defendant in court;

1. "Motor vehicle driver's license register": 2017 Highest 5879;

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, despite the fact that the Defendant had committed a crime violating traffic-related Acts and subordinate statutes, and even if so, has been repeated to commit the instant crime, the nature of the crime is not good, but it does not reach a violation of other traffic-related Acts and subordinate statutes, but it is delayed later, divided his mistake and sold his vehicle, etc., and the Defendant does not repeat the crime, such as selling the vehicle in possession, etc. In addition, considering all other circumstances that are conditions for sentencing, such as the Defendant’s age, sex behavior, environment, family relationship, etc.

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