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(영문) 인천지방법원 2017.07.12 2017고단1506
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 17:20 on February 10, 2017, the Defendant was driving a Bbenz car without obtaining a driver’s license from a distance of about 100 meters from the front day of the Seoul Special Metropolitan City-ro 202 Ga-ro 119 Safety Center to the front day of the same new Do-dong 119 Safety Center.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the Defendant operated the B-Wz car which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to detect and report the detection, driver's license ledger, and mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense and driving without obtaining a license for the option of punishment: Driving motor vehicles which are not covered by mandatory insurance under Articles 152 subparagraph 1 and 43 of the Road Traffic Act: Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act and the main sentence of Article 8 of the same Act;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In light of the fact that the defendant's reason for sentencing under Article 62-2 of the Criminal Act, despite five times of punishment for driving without a license, commits a second offense, the defendant's responsibility is not minor.

However, the power above is punished as a fine; the driving distance of this case is a short distance; the defendant is currently repenting his mistake in depth; the defendant's age, sex, environment, motive, means and consequence of the crime; and other various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.

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