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(영문) 인천지방법원 부천지원 2016.09.22 2016고단1752
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 June 22, 2016, at around 14:40, the Defendant operated and operated the Defendant-owned B Poter Cargo Vehicles without a vehicle driver's license, from the Do in front of the Kanannam church located in 864, to the road front of the Seocheon-gu, Seocheon-gu, Seocheon-gu, 449, which was about 12km.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the motor vehicle registration ledger, mandatory insurance inquiry, and the motor vehicle driver's license ledger;

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, 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. It is probable that the crime of this case was committed while running a vehicle not covered by mandatory insurance without a license, even though it had been three times before and after a non-licenseless driver was committed, and the crime of this case was committed in the absence of adequate control and education for the Defendant’s driving and operation, it is highly probable that the crime of this case is committed in the same or similar type of crime, unless the crime of this case was committed, and the crime of this case was committed in the absence of proper control and education for the Defendant’s driving and operation.

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.

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