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(영문) 인천지방법원 2016.06.29 2016고단2117
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

1. Violation of the Traffic Act on roads;

A. On September 28, 2015, the Defendant, without obtaining a driver’s license on a motor vehicle around 10:45 on September 28, 2015, driven a motor vehicle of about 1 kilometer B from the 100-ro to the 29-ro, Nam-gu, Incheon, Nam-gu, to the 1-ro, 1-gil.

B. On March 27, 2016, the Defendant, without obtaining a driver’s license around 16:40 on March 27, 2016, driven a motor vehicle of turburged B from the front side of the Handae-dong, Nam-gu, Incheon Metropolitan City to the front side of the Hagi Hospital, located in the same city-ro 27-gu, Jung-gu, Jung-gu.

2. A person who violates the Guarantee of Automobile Compensation Insurance Act is prohibited from operating a motor vehicle on the road which is not mandatory insurance. However, the Defendant operated a motor vehicle with lurged B, which was not covered by mandatory insurance, such as paragraph (1)(b) of around 16:40 on March 27, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into mandatory insurance and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, 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 selection of imprisonment for each type of crime;

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. The reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order are four times the Defendant without a license driving force (including juvenile protective disposition), the Defendant has a record of violating the Guarantee of Automobile Damage Compensation Act, the Defendant committed a majority of the crimes related to driving, on the other hand, the Defendant appears to reflect the nature of the Defendant, and all other factors of sentencing shall be determined as per the order.

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