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(영문) 수원지방법원 안산지원 2016.05.31 2016고단666

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 11, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a B car at a 200-meter range from the front day of the Hodong vege-dong vege-dong vege-dong vege-dong vege-dong vege-dong vege-dong vege-dong vege-dong wholesale market to the front day of the 63rd road without a driver’s license.

2. The Defendant violated the Guarantee of Automobile Compensation Act operated the said car without mandatory insurance at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the ledger of driver's licenses, tea inquiry, and mandatory insurance inquiries;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 (Unlicensed Driving), Article 46 (2) 2, the main sentence of Article 8 (main sentence) of the Guarantee of Automobile Damage 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. In full view of the circumstances under the grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order and order to attend a lecture, and other conditions of all the sentencing recorded in the records, such as the defendant's age, occupation, sex behavior and environment, and the circumstances before and after the instant crime, the sentence identical to the order shall

The defendant was sentenced to a fine in 2007 due to drinking driving, in 2008 due to driving without a license for drinking, and in 2015, he was sentenced to a fine on one occasion due to drinking driving and two times due to driving without a license for mandatory driving.

In other words, the defendant has five criminal records in total, and three times of which are committed in the last year.

The defendant seems to be seriously dismissed in relation to these crimes.

However, the defendant disposed of the motor vehicle;

argument that it will not commit a second offense.

There are many things.

In order to prevent the recidivism of the crime of this case, the defendant has no criminal record of probation or heavier, and the victim has not been directly injured due to the crime of this case.