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(영문) 인천지방법원 2016.06.30 2016고단2687
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 07:50 on February 29, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a Brocketing car without obtaining a driver’s license, and driving it from around the Defendant’s residence in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon to around 1127, Ansan-gu, 38km from around 1127, Ansan-dong.

2. He/she shall not operate any motor vehicle on a road which has not been covered by mandatory insurance in violation of the Guarantee of Automobile Compensation;

At the time and place specified in Paragraph 1, the Defendant operated the said rocketing car on the road, which was not covered by mandatory insurance as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A survey report on actual conditions;

1. Inquiry into mandatory insurance;

1. Written estimate;

1. Photographs of damaged vehicles;

1. Previous convictions: References to inquiries, investigation reports (Attachment, etc. to the same type of force decisions), and the application of Acts and subordinate statutes attached thereto;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 46 (2) 2 of the Guarantee of Compensation for Damages Caused by Motor Vehicles, the main sentence of Article 8 (Operation of Motor Vehicles which are not Mandatory Insurance), Article 152 subparagraph 1 and Article 43 (Selection of Imprisonment and Imprisonment) of the Road Traffic Act (Operation of Motor Vehicles which are not Mandatory Insurance), and Article 152 subparagraph 1 of the Road Traffic 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. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend a vehicle with the same criminal history of three times, and the crime of this case where the defendant drives a vehicle not covered by mandatory insurance without the driver's license of a motor vehicle, which led to the crime of this case, and the crime of this case does not seem to be negligible, and the defendant does not have any violation of other traffic-related Acts and subordinate statutes, and the defendant drives a vehicle owned by a ship after commuting to work for daily work, but intends to use the means of public transportation after the crime of this case.

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