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(영문) 인천지방법원 부천지원 2016.08.26 2016고단1524
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

The defendant is a person holding BM5 motor vehicles, and no person shall operate any motor vehicle on the road on which no mandatory insurance has been subscribed.

Nevertheless, from around 10:07 to 10:08 on June 17, 2016, the Defendant driven a BM5 vehicle that was not covered by mandatory insurance without a driver’s license from around the front of the elb village apartment apartment in Bupyeong-gu, Seocheon-gu, Seocheon-ro to the front road of the same Gu-ro 83 “elbow village street” from around 100 meters to the same Gu-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a report on the situation of driving without a license, a written statement of vehicle operation, inquiry into mandatory insurance, a ledger of driver's licenses for automobiles, and

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (Unlicensed Driving) of the Act, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and the choice of imprisonment (a number of persons who have been punished for non-licensed driving) with labor (a number of persons who have been punished for non-licensed driving);

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 suspension of execution (including not only crimes of the same kind but also crimes of the same kind which have no record of criminal punishment exceeding fines);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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