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(영문) 인천지방법원 부천지원 2017.08.11 2016고단3331
자동차손해배상보장법위반등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 21, 2016, the Defendant was sentenced to four months of imprisonment and one year of suspended execution due to a violation of road traffic law (unlicensed driving) in the Incheon District Court’s Vice-Support on December 21, 2016, and the above judgment was finalized on December 29, 2016.

[Criminal facts] No person shall operate a vehicle with no mandatory insurance policy on the road.

Nevertheless, the Defendant, at around 18:50 on December 5, 2016, operated C rocketing vehicles without obtaining a driver’s license from around 5 km to the 679 km road as Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. To inquire into the ledger of driver's licenses, chassis, and mandatory insurance;

1. Photographs of the skin vehicle;

1. Previous convictions: Inquiry about criminal history, report on investigation (verification of concurrent crimes after Article 37 of the Criminal Act), and application of the text of the judgment;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (unlicensed Driving), 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 the choice of imprisonment, respectively;

1. Article 377 of the Criminal Act: Provided, That Article 39 (1) of the said Act shall apply to concurrent crimes;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The fact that the Defendant committed the instant crime without being aware of the fact that he/she was under trial on the crime recorded in the judgment, and that the records of punishment for the same kind of crime are recognized and reflected once: In addition, the punishment shall be determined by taking into account the motive for the crime, the circumstances after the crime, the equity with the case where he/she was judged simultaneously with the crime recorded in the judgment, etc.

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