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(영문) 인천지방법원 2016.06.22 2016고단1827
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 23:40 on February 21, 2016, the Defendant driven a B SP car without obtaining a driver’s license in the section of about 2km from the same 30-lane 6-ro from the forest in Gyeyang-gu, Incheon, Gyeyang-gu to the front day of the gas park located at approximately 21-gil 21-gil 4, the same Gu.

2. The Defendant violated the Guarantee of Automobile Compensation Act operated a passenger car as stated in paragraph 1, which was not covered by mandatory insurance, at the date and place specified in paragraph 1 of the facts charged.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of enforcement manual, driver's license ledger, and mandatory insurance-related Acts and subordinate statutes;

1. Articles 152 subparagraph 1 and 43 of the Road Traffic Act (non-licensed driving) concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 (Operation of Non-Compulsory Motor Vehicles) of the Guarantee of Automobile Compensation Act, and the choice 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 suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation is that the defendant again committed the instant crime while he was indicted for drinking or driving without a license in the absence of liability insurance, while he was charged with the same vehicle as the instant case and tried. On the other hand, the instant crime does not seem to have been very serious, and the Defendant appears to reflect, and all other factors of sentencing are determined as ordered by taking account of all the factors of sentencing.

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