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(영문) 인천지방법원 부천지원 2019.03.27 2018고단3194
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 25, 2018, at around 10:00, the Defendant driven a fwing 3 vehicle without obtaining a driver’s license from around 100 meters from the front of C in Kimpo-si, Kimpo-si, to the front of E in Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police investigation report (outline of control and statement of each driver);

1. Application of Acts and subordinate statutes to a license ledger, chassis, mandatory insurance bureau, and mandatory insurance bureau;

1. On August 25, 2016, the Defendant had been sentenced to 6 months of imprisonment and 2 years of suspension of execution on the following grounds: (a) even though his/her driver’s license was revoked for committing a violation of the Traffic Accident Settlement Act or a violation of the Road Traffic Act in 2002, the Defendant continued to operate his/her vehicle without obtaining a driver’s license; and (b) on August 25, 2016, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspension of execution.

Nevertheless, on October 25, 2018, immediately after the expiration of the suspension period, the Defendant caused a traffic accident by negligence in violation of the signal while driving a vehicle without a driver’s license on October 25, 2018, and the Defendant again discovered the Defendant’s non-exclusive driving crime of this case.

Although the defendant's wrong recognition of his or her behavior and appeal for the support of the pregnant woman, the defendant's sentence should be imposed in consideration of the defendant's criminal records and the period until the criminal records and the recidivism.

However, as above, the defendant's wrong recognition of his fault and appeal for the support of the pregnant woman, etc., the defendant did not take part in the operation section of the crime of this case, the vehicle operated by the defendant was covered by the comprehensive motor vehicle insurance, and the defendant sold the vehicle operated by the defendant.

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