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(영문) 인천지방법원 부천지원 2016.11.01 2016고단2623
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 08:30 on August 24, 2016, the Defendant driven B Rad truck without obtaining a driver’s license from a section of about 600 meters from the road near the Dog-gu, Seocheon-gu, Seocheon-si to the front road in the Dog Park in the same location.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the holder of the foregoing B DD cargo vehicle at the same time and place as the preceding paragraph, operated the said cargo vehicle without purchasing a mandatory insurance policy.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The application of Acts and subordinate statutes to the license ledger, timely inquiry, and mandatory insurance inquiries;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the operation of mandatory insurance vehicles) and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the Criminal Act; and

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