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(영문) 인천지방법원 부천지원 2017.06.22 2016고단3136
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 3136] On October 10, 2016, the Defendant driven a Clearning car at a distance of about 200 meters from the 99-ro, Seocheon-ro, Seocheon-do to 77-ro, Seocheon-do, Seocheon-do without obtaining a driver’s license around 03:40 on October 10, 201.

[2017 Highest 1129] Around 16:40 on August 12, 2016, the Defendant driven a D-Ock vehicle without obtaining a driver’s license from the third chief of the tax office of the trade name in the Seo-gu Incheon Seo-gu Incheon Metropolitan City, to the national vehicle of about 16 km in the middle and high vehicle transaction complex of approximately 450 km from the third chief of the tax office to the middle and high vehicle transaction complex of the people in Seocheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to each driving license ledger;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Although there are unfavorable circumstances, such as the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act was sentenced to a fine of the same kind to the defendant for the reason of sentencing four times, the fact that the trial was absent for a long time, and the period of driving without a license is a long-term period, the defendant's fault is against his/her own mistake while living in custody for a certain period, and other circumstances, such as the defendant's age, sex, circumstances leading to driving, and circumstances after the crime, etc.

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