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(영문) 인천지방법원 2017.10.19 2017고단6729
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

around 09:40 on August 16, 2017, the Defendant driven a Fenz C200K car, which is not mandatory insurance, without obtaining a driver’s license from around about 800 meters in the front to the front road, from the front road of the Incheon Nam-gu Incheon Metropolitan City's business office for the Hanhwa Life Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Application of Acts and subordinate statutes that inquire into the association of the main office, conduct tea inquiries, and inquire into mandatory insurance;

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 choice of imprisonment, respectively;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes include not only three times of punishment due to driving without a license, but also the defendant has been tried by driving without a license again during the same period of suspension of execution, and again, was present at the court on the date of the pronouncement of the judgment, and the fact that the quality of the crime is very poor in light of the record of the crime and the circumstances and timing of driving without a license, etc., shall be considered as unfavorable circumstances, and the punishment shall be determined as ordered by the order, taking into account the favorable circumstances, such as the defendant's age, sex behavior, environment, motive and circumstance of the crime, and the circumstances after the crime.

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