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(영문) 인천지방법원 2015.11.18 2015고단5492
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On July 24, 2014, the Defendant was sentenced to 8 months of imprisonment for a crime of violation of the Road Traffic Act in the Incheon District Court and 2 years of suspended execution, which became final and conclusive on August 1, 2014, and is currently under suspended execution. On March 31, 2010, the Defendant was sentenced to 4 months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) and 2 years of suspended execution, and the Defendant was sentenced to 4 times of the same criminal record.

【Criminal Facts】

On August 16, 2015, at around 07:00, the Defendant driven a D-type car without obtaining a driver's license, from the front road of Man-dong, Incheon Metropolitan City Man-dong Fire Station to the front road of Seo-dong, Nam-dong, Incheon Metropolitan City Man-dong, Seo-dong, to about 500 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Current status survey report and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of a certified fixed date of judgment) and statutes;

1. In light of the following: Article 152 subparag. 1 and Article 43 of the Road Traffic Act regarding criminal facts; Article 152 subparag. 1 and Article 43 of the Road Traffic Act; Article 152 of the same Act; the defendant's reason for sentencing a sentence of imprisonment with prison labor is identical to that of the defendant; the defendant's history of the suspended sentence of imprisonment with prison labor for the same kind of crime is also two times; and the defendant repeats

In full view of the above circumstances and various other factors of sentencing, the punishment shall be determined as per the disposition.

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