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(영문) 수원지방법원 안산지원 2017.01.19 2016고단3417

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

The defendant of "2016 Highest 3417" is a holder of C observer's car.

On September 5, 2016, the Defendant, without a driver’s license, driven the said car without a mandatory insurance policy within a two-meter radius from the Dondo located in the Sinsidong-dong to the front of the same ethylland.

On September 13, 2016, the Defendant driven a Cobserver car without obtaining a driver’s license from around around 500 meters from around 21:05, Sinsi-dong 1984-8, Sinsi-dong 1984 to Sinsi-dong, Sinsi-dong.

Summary of Evidence

"2016 Highest 3417"

1. Statement by the defendant in court;

1. License register;

1. Report on the circumstances of driving without a license;

1. Mandatory insurance inquiries: 2016 high group 4505 ";

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparag. 1 and Article 43 of the Road Traffic 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 are as follows: (a) the Defendant was sentenced to six months of imprisonment or two years of suspended execution on August 17, 2016 due to the violation of the Road Traffic Act (non-licenseless Driving) in the support of Suwon Frigwon, and was under suspension of execution on August 9, 2016; (b) the said judgment became final and conclusive on August 17, 2016; (c) the Defendant committed an unlicensed or non-licensed driving after 19 days from the date when the said judgment became final and conclusive; and (d) committed a non-licensed driving crime on August 8,

The defendant was sentenced to the suspension of the execution of imprisonment with prison labor for drinking and non-licensed driving in 2013, which was before the judgment of the above suspension of the execution of sentence, and in addition, the defendant was sentenced to one time due to drinking and non-licensed driving, two times due to drinking and non-licensed driving, and one time due to non-licensed driving, and six times the criminal records of the same kind of crime (the imprisonment with prison labor