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(영문) 인천지방법원 부천지원 2017.08.10 2017고단1476
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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 22, 2017, the Defendant driven a B-amount e-car without obtaining a driver's license from the Do in the Dong-si of Chuncheon on June 15, 2017 to the 222nd road in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes to the ledger of driver's licenses (List 3);

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. In order to observe the protection and surveillance, Article 62-2 of the Social Service Order Act, Article 59 of the Act on the Protection, Observation, etc. of the same Act, the defendant's favorable circumstances (a confession, a serious reflective behavior, no longer than a suspended sentence has been made), unfavorable circumstances (in spite of the previous three times and five times of criminal punishment due to drinking, it seems that the defendant's non-licensed driving of this case is required to be controlled and managed in order to prevent the recidivism of the same or similar crime), and other sentencing factors in this case, including the defendant's age, sexual behavior, living environment, and circumstances after the crime, etc., are considered together, and the punishment is determined as ordered.

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