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(영문) 인천지방법원 부천지원 2017.12.01 2017고단2357
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. On September 28, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving the B 3rd class 3rd class vehicle without obtaining a driver’s license in the section of approximately 3 km from the front of the Sejong-si Hospital, the Sejong-si Hospital to the front road of the 13:50 Gyeongcheon-si, Gyeonggi-do, the 1131-2nd class 13:50 on the same day.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the Defendant operated the said van which was not covered by mandatory insurance in the time and section of the place mentioned in the above "1".

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the motor vehicle driver's license ledger and mandatory insurance-related Acts and subordinate statutes;

1. Subparagraph 1 of Article 152 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 Damage Compensation Act, and the main sentence of Article 8 (2) of the same Act concerning the operation of automobiles which are not mandatory insurance);

1. Selection of each sentence of imprisonment;

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. In light of the fact that the defendant for sentencing under Article 62-2 of the Criminal Act committed the same kind of crime in spite of the fact that he/she had been punished several times due to drinking, driving without a license, etc., the nature of the crime is not good. However, the defendant is recognized to have his/her mistake while making confession of each of the crimes of this case, and the defendant does not cause any other damage such as traffic accident, etc., the sentence like the order shall

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