beta
(영문) 인천지방법원 부천지원 2017.10.26 2017고단189

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 25, 2016, the Defendant driven and operated a Category C Belgium vehicle owned by the Defendant without obtaining a driver's license from the Do in front of the 14:50 Kimpo-si, Kimpo-si to the front road of approximately 36 km in the same city-ro from the Do in front of the same city-ro 35's Cheongpo-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of driver's licenses, tea inquiry, and mandatory insurance (list 9);

1. Application of photograph (List 8) 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, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes was imposed on the defendant's favorable circumstances (a confession) and unfavorable circumstances (in the case of non-licensed driving, seven times as to the crime of non-licensed driving, and two times as to the crime of running a vehicle with no mandatory insurance, and even though the period of suspension of the execution of imprisonment, which was sentenced to non-licensed driving or non-mandatory driving on June 17, 2016, was still under the suspension of the execution of a sentence of imprisonment, it is not well-founded, and it again committed the crime of this case after one week as to which the judgment of the suspended sentence became final and conclusive. The current awareness of compliance is very bad, and it is probable that the crime of this case is committed for the same or similar re-offending.

The sentence shall be determined as ordered by taking into account all of the factors of sentencing in this case, such as the defendant's age, sex, living environment, and circumstances after the crime, such as the defendant's age, sex, living environment, etc.