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(영문) 의정부지방법원 고양지원 2017.03.16 2016고단3356
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

On November 30, 2016, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution as a crime of violating the Road Traffic Act (non-licenseless Driving) in the Incheon District Court Branch of the Incheon District Court on November 30, 2016, and the above judgment was finalized on December 8, 2016.

Criminal facts

1. On October 5, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a C Poter vehicle without obtaining a driver’s license from the front of the door-type market located in the Simsan-Eup, Seo-gu, Gyeonggi-gu, Gyeonggi-do, to the front of the 500-mnive road of the same Eup/Myeon from the 12:10 on the street of the same Eup/Myeon.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of C Poter freight.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the defendant operated the above cargo vehicle which is not covered by mandatory insurance at the time and place mentioned in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Indicating the driver's license ledger (A) and mandatory insurance;

1. A statement of investigation status (prescept and written indictment attached), application of the Acts and subordinate statutes in indictment;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparagraph 1 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the Road Act, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and selection of imprisonment with prison labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same 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. Taking into account the records of the same kind of crime, circumstances leading to driving and identification of the reasons for sentencing under Article 62(1) of the Criminal Act, the case in which judgment has become final and conclusive, equity in the case where judgment has been rendered;

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