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(영문) 인천지방법원 2014.11.27 2014고단6623
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 23, 2010, the defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (unlicensed Driving) at the Incheon District Court on June 23, 2010, and three times the same criminal records.

1. Around 09:00 on August 31, 2014, the Defendant driven CJ car at approximately 2 km section from the front day of the Nam-gu Incheon Metropolitan City, Chungcheongnam-gu to the front day of the Nam-gu, Incheon, Nam-gu, Incheon, from the front day of the sale oil station to the front day of the sale oil station.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle which has not been covered by mandatory insurance;

Nevertheless, the Defendant, as the owner of the CBT car, operated the said car without mandatory insurance at the above date and place.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the same Act concerning the facts constituting an offense, and Article 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act (a point of not mandatory insurance);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the Act on the Violation of Road Traffic with Excessive Punishment)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of applicable sentences under law: Imprisonment for one month to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for six months, with a stay of execution for two years, with a stay of execution for probation [free circumstances] and with no criminal force above the same probation [free circumstances] (and without repeated drinking and unlicensed driving, with a vehicle not covered by mandatory insurance without changing the name of the vehicle, there are criminal records above the stay of execution after the revocation of the license in 2003;

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