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(영문) 인천지방법원 부천지원 2016.09.22 2016고단1903

도로교통법위반(무면허운전)등

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

피고인은 2016. 7. 30. 08:35 경 부천시 오정구 여월동 소재 도로부터 같은 구 내동 소재 내 촌 고가 북단 삼거리 앞 도로까지 약 1km 구간에서 자동차 운전면허를 받지 아니하고 의무보험에 가입되지 아니한 피고인 보유 B 포르테 쿱 승용차를 운전 ㆍ 운행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The register of vehicle drivers, inquiry into mandatory insurance, and driver's licenses;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Acts concerning facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and imprisonment, respectively;

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. In the event that the instant crime committed while driving a motor vehicle without being aware of the nature of the crime is pleasure and pleasure, and the Defendant’s driver’s practice without a driver’s license does not properly control, manage, and educate the Defendant for the reason of sentencing under Article 62-2 of the Criminal Act (a confession, reflectiveness) and unfavorable circumstances (in spite of three times criminal punishment due to the crime of drinking or non-licensed driving from around 2014, it is probable that the recidivism of the same or similar criminal act is conducted without being able to do so.

The sentencing factors specified in this case, together with the Defendant’s age, sex, living environment, and circumstances after the commission of the crime, shall be determined as ordered by taking into account all of the sentencing factors specified in this case.