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(영문) 인천지방법원 2016.06.30 2016고단2538
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2016, the Defendant driven a C-owned vehicle owned by Doin, without obtaining a driver's license of a motor vehicle, and proceeded with approximately KRW 500 meters from the front of the Incheon Bupyeong-ro 315 (Gamsan-dong) E-ro, Bupyeong-gu, Incheon to the 241 (Gamsan-dong) Maart-ro, Seop-gu, Incheon.

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 (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Course is that the Defendant was punished three times since June 2015 or for drinking or non-licensed driving without any justifiable reason, but the nature of the crime in the instant case is not less than that of the instant crime without any justifiable reason. However, the Defendant did not reach a violation of other traffic-related Acts and subordinate statutes, and the Defendant’s mistake is divided later, and the Defendant’s age, sexual behavior, environment, family relationship, etc. are considered in all other circumstances that are the condition for sentencing, including the Defendant’s age, sex, family relationship, etc.

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