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(영문) 인천지방법원 부천지원 2017.09.08 2017고단1587
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 02:35 on June 23, 2017, the Defendant driven a B rocketing car from the 3.5km section to the road located in the 546-1, YY-dong, YY-dong, YY-dong, YY-dong, 546-33 at the same time without a driver’s license.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, as a person holding B rocketing car, operated the said car without mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

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 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the selection of imprisonment, respectively;

1. In full view of the following facts: (a) the Defendant committed each of the instant crimes even though the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes was not yet sentenced to the suspended sentence due to fraud, etc.; (b) the Defendant failed to properly implement community service orders issued along with the suspended sentence; (c) was given written warning four times since he was issued; (d) the record of being sentenced to a fine due to the same type ofless driving; (e) the record of being sentenced to a juvenile protective disposition was seven times; and (e) the record of being sentenced to a juvenile protective disposition was seven times; and (e) the record of being sentenced to a juvenile protective disposition could have been subject to the juvenile protective disposition due to theft, assault, or sex crime,

Therefore, the sentence shall be imposed on the defendant and the sentence shall be determined as per the disposition.

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