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(영문) 인천지방법원 2017.02.16 2016고단8808
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 16, 2016, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Incheon District Court, and on November 23, 2016, the Defendant was finally sentenced to a suspended sentence of one year.

On November 2, 2016, the Defendant driven a Brocketing car without obtaining a driver’s license of a vehicle on November 16, 2016, and proceeded with approximately KRW 500 meters from 9:0,000 to 62:0 meters from 184,00 west-ro, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, investigation reports (verification of suspect-free driving power, etc.), and the application of the statutes attached thereto;

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. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) [the period between the above crime and the first head on which the judgment becomes final and conclusive and the violation of Road Traffic Act in the judgment of the court];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the same Act, even though there are a number of criminal records of five times the same kind of crime, and even if there are many other criminal records violating the Road Traffic Act, the crime in this case was committed without the driver's license of a motor vehicle and the quality of such crime does not reach any other traffic-related Acts and subordinate statutes. However, the crime in this case may have been tried together in the concurrent crimes between the first head's violation of the Road Traffic Act (driving of alcohol) in which the judgment became final and conclusive and the first group of concurrent crimes after Article 37 of the Criminal Act, and the crime in this case may have been tried together in the concurrent crimes after Article 37 of the Criminal Act, and the defendant's age, sex, environment, and family relationship

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