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(영문) 인천지방법원 부천지원 2017.02.09 2016고단3138
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 11, 2016, at around 16:10, the Defendant driven a Category C truck without obtaining a driver’s license from around 2 km to the front road located in the same Do located in front of the Do to the “Trhotech” road located in the same Do.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of driver's licenses (List 8);

1. Application of photograph (List 3) Acts and subordinate statutes;

1. Articles 152 subparagraph 1 and 43 of the Road Traffic Act, Articles 152 of the same Act concerning the facts constituting an offense and the selective punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act, Article 59 of the Act on the observation of protection and surveillance, community service order, order to attend lecture, and order to attend lecture, Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc., the defendant's favorable circumstances (a confession, a serious reflective nature, a supporting environment is shown to be good), unfavorable circumstances (the period of suspension of execution due to the crime of drinking and non-licensed driving, and even though the period of suspension of execution was in force due to the crime of drinking and non-licensed driving at that time, it is deemed that the strict management, supervision, and education of the defendant's continuation of driving practice is necessary in order to prevent the recurrence of the same or similar crimes) and other sentencing factors mentioned in the instant case, such as the defendant's age, sexual behavior, living environment, and circumstances after the crime, etc., shall be determined as the sentence

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