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(영문) 인천지방법원 2018.06.04 2018고단2538
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 23, 2018, the Defendant was a person who is engaged in driving of the Clearning car, and operated the said vehicle without a driver’s license at a distance of about 2 km from the E’s street in the south-gu Incheon Metropolitan City, Incheon to the Gsing room in the Nam-gu, Incheon.

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 relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The instant crime with the reason for sentencing under Article 62(1) of the Criminal Act is an unfavorable condition against the Defendant, inasmuch as the Defendant driven a car without a driver’s license, the nature of the crime is not less than that of the Defendant, and the Defendant has already been sentenced to three times a fine for the same kind of crime, and the two times a fine has already been imposed in 2017.

On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, there is no record of criminal punishment exceeding the fine for the same crime before, and it does not proceed to the violation of other traffic-related Acts and subordinate statutes in addition to the driver's license without the license, and again, he does not drive without the license.

It is hard to say that it is favorable to the defendant.

In full view of the above circumstances and all of the sentencing conditions as shown in the arguments in this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment shall be determined as ordered.

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