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(영문) 인천지방법원 부천지원 2016.11.23 2016고단2704
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 09:20 on October 14, 2016, the Defendant, without a driver’s license, driven B Poter cargo vehicles from the front side of the Sampo Industries in Kimpo-si, Kimpo-si, Kimpo-si to the front side of the Sinpo-si, Kimpo-si, without a driver’s license.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the cargo vehicle without mandatory insurance at the time and place mentioned in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Entry in the register of driver's licenses;

1. Application of Acts and subordinate statutes entered in the resource investigation and mandatory insurance bureau;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Circumstances favorable to sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.: The defendant is deemed to have led to the crime of this case and his/her mistake in light of the circumstances under Article 51 of the Criminal Act, including the fact that the defendant has already been punished for the crime of the same kind or similar crime on several occasions, but he/she does not know of himself/herself, and the defendant has committed the crime of this case.

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