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(영문) 인천지방법원 2017.09.27 2017고단5423
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 14, 2017, the Defendant driven a vehicle Bk7 without obtaining a driver's license for a vehicle on June 16, 2017, and proceeded with approximately 110 km section from the Daejeon International Road located in Seo-gu Daejeon to the roads adjacent to the Seocheon-dong, Seocheon-gu, Daejeon Special Metropolitan City.

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 reasons 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 Attend the School and Article 62-2(1) of the Act on the Protection, etc. of and Order to Attend the School are as follows: (a) although the Defendant had a large number of criminal records of violating the Road Traffic Act, including five like criminal records, the Defendant was driving a motor vehicle without a driver’s license in the instant case; (b) the offense was not committed; (c) the Defendant did not go against other traffic-related Acts and subordinate statutes; (d) the Defendant’s mistake was too late; and (e) the Defendant’s age, sex, environment

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