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(영문) 인천지방법원 부천지원 2018.05.18 2018고단724
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for not less than five 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

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

The Defendant was a person holding a low typ car, and operated the said car without obtaining a driver’s license on March 11, 2018, and without obtaining a driver’s license on March 11, 2018, from 15:00 to 851:0 meters away from the 862-ro, Seocheon-si, Seocheon-si, to 851.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (unlicensed Driving), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and each choice of imprisonment with prison labor, 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. Although the defendant for sentencing under Article 62-21 of the Criminal Act of the community service order acknowledged each of the instant offenses, there was a history of being sentenced to seven times as a crime of violating the Road Traffic Act (unlicensed driving) and one-time criminal punishment as a crime of violating the Guarantee of Automobile Damage Compensation Act, and the police officer was discovered to have committed the instant offense, and the police officer has escaped, despite the police officer's order to stop, and there was a life

The possibility of criticism is also high.

In addition, the punishment shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, sex, environment, motive leading to the crime of this case, circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments.

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