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(영문) 인천지방법원 2017.04.26 2017고단239
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

On December 24, 2016, the Defendant driven a B Poter freight vehicle without obtaining a driver's license of a motor vehicle on December 24, 2016, and proceeded with approximately 20 km from the front day of the Kitter Health Center for the use of the motor vehicle in the Seosan City to the front day of the Donsan National Highway, Chungcheongnam-si, Chungcheongnam-do.

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 reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attending, even though there are a large number of criminal records of violating the Road Traffic Act including the three-time criminal records, the Defendant, without a driver’s license, was not less than the nature of the crime in the instant case, but was not punished for the same crime during the remaining five years, the Defendant did not go against other traffic-related Acts and subordinate statutes, and did not go back to the violation of other traffic-related Acts and subordinate statutes; the Defendant’s late or late correction of his mistake; and the Defendant’s age, sexual behavior, environment, family relation, etc. shall be considered in all other circumstances that are the conditions for sentencing as above.

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