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(영문) 인천지방법원 2017.07.12 2017고단2541
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 19, 2017, the Defendant driven a BM3 car without a driver’s license from around 1km to the road located south-ro in the 64-ro from the front of the Nannam Eup's Central Hospital in the Republic of Korea to the south of the Hasung-nam Eup at the time of harmony.

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 ( normal consideration considered as follows):

1. Under the grounds for sentencing under Article 62-2 of the Criminal Act, the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, etc., shall be determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

There is no past record of punishment of imprisonment without prison labor or heavier punishment.

Unfavorable circumstances: The crime of this case was committed again even though they were punished for the same kind of crime over a short period of time.

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