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(영문) 인천지방법원 부천지원 2016.10.27 2016고단2243
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 29, 2016, at around 09:10, the Defendant driven Bho-do car without obtaining a driver's license from the Do 163 Do to the 4-70 km road of the same Eup from the 163 Do to the 4-70 km road of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. The register of driver's licenses (list 4);

1. Application of Acts and subordinate statutes to photographs (list 3);

1. Relevant laws concerning criminal facts, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act which choose a penalty, and imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is based on the conditions favorable to the defendant (self-confident, reflectivity), unfavorable circumstances (two times in a sound driving, and three times in a without-licensed driving) and the criminal quality of the crime is pleasure, the defendant's history, in particular, if the defendant's driver's behaviors are not thoroughly controlled, managed, and trained without a license, etc., the defendant's driving habits is likely to repeat the crime of the same or similar type, and if the defendant's driving habits is not thoroughly controlled, managed, and trained, etc., the sentence is determined as ordered, considering all the sentencing factors of the case, including the defendant's age, character and behavior, living environment, conditions after the crime, etc.

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