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(영문) 인천지방법원 부천지원 2016.08.25 2016고단793

도로교통법위반(무면허운전)등

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 April 2, 2016, at around 07:30, the Defendant driven and operated B Poter Cargo Vehicles without a driver’s license, from around 352-43, to the entrance of the same Eup/Myeon, from around 352-43, to the road at the entrance of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the motor vehicle driver's license ledger and mandatory insurance-related Acts and subordinate statutes;

1. Relevant Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 (Operation without Mandatory Insurance) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., is that it is probable to repeat the crime by committing the crime of non-license and mandatory insurance without any license of this case, failing to control and manage the driver's behavior of the defendant, and failing to control and manage the driver's behavior of the same or similar crime of the same kind or similar crime, under the conditions favorable to the defendant (a confession, reflectness, and the prohibition of the crime of this case immediately after the control over the crime of this case, and no criminal punishment has been imposed for about 8 years since the last punishment was imposed).

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.