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(영문) 인천지방법원 2017.10.18 2017고단5823
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 16:55 on July 23, 2017, the Defendant: (a) operated the said car without obtaining a driver’s license from the front line of Seo-gu Incheon, Seo-gu, Incheon to the front line of 552, a 25 km section; and (b) operated the said car not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes, such as reporting on detection, driver's license ledger, and inquiry about 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. The defendant's reasons for sentencing under Article 62 (1) of the Criminal Act, in light of the fact that the defendant's responsibility constitutes a second offense even though he/she has been punished twice due to a relatively recent unauthorized driving, is not somewhat minor.

However, the past records are punishable by a fine, and the defendant is currently breaking his mistake in depth, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc. are determined by taking into account various sentencing conditions as shown in the arguments of this case, such as the circumstances after the crime.

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