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(영문) 수원지방법원 2018.01.16 2017고단6074

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

Criminal facts

1. On September 3, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a vehicle of approximately 100 meters in volume D and three metric tons from the front side of the road to the front side of the same 587 front side of the road, without obtaining a driver’s license for a motor vehicle on September 3, 2017.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) was a person who actually uses and manages the foregoing D class and III 1 ton cargo vehicle; (b) driving the said cargo vehicle without mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Provisions of Acts and subordinate statutes to the ledger of mandatory insurance, tea inquiry, and driver's license;

1. Relevant Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (unlicensed Driving) concerning facts constituting an offense, Articles 152 Subparag. 2 and 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 with prison labor;

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. Circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order are as follows:

The defendant is deeply divided into and reflected in the crime of this case.

The instant crime did not cause any personal and material damage.

After committing the instant crime, the Defendant subscribed to mandatory insurance and disposed of the vehicle.

The defendant has no previous convictions of imprisonment.

In 2016, if the criminal punishment of the defendant is excluded from the previous conviction, the criminal punishment of the defendant will be before the police in 2010.

It seems that the defendant has a physical disability and is in an economic difficult situation.

Circumstances unfavorable to the defendant are as follows:

Defendant was sentenced to one year of suspended sentence for six months due to driving under the influence of alcohol in 2016, and again committed the instant crime during the suspended sentence period (Provided, That the present suspended sentence period was terminated). Defendant was around 2009.