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(영문) 인천지방법원 2017.07.13 2017고단3567
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 17:00 on April 7, 2017, the Defendant driven a C QM5 vehicle owned by the Defendant without a vehicle driver’s license from the section of approximately 6km from the south-dong-gu, Incheon Metropolitan City to the 49-7 Do road from the front of the road to the Do road in the same Gu Do 49-7, and from the front of the Do Do Do Do Do Do Do Do Do Do Do Do 3

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

Nevertheless, the defendant did not subscribe to mandatory insurance at the same date, time, and place as described in the above 1, and operated the above QM5 car volume as described in the above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the motor vehicle driver's license ledger, vehicle inquiry, and mandatory insurance inquiries;

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

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 circumstances considered in favor of the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the accused has been punished several times due to drinking, driving without a license, and violating the Guarantee of Automobile Compensation Act; (b) the accused is against the law; and (c) the fact that there is no previous conviction exceeding the fine, etc. taking into account favorable circumstances; and (d) the accused’s age, sexual behavior, environment, motive and circumstance of the crime; and (e) the punishment as set forth in the order shall be determined by taking into

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