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(영문) 의정부지방법원 2018.08.24 2018고단2190

도로교통법위반(무면허운전)등

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On March 27, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle on or around 11:10 on or around 27, 2018, driven the said motor vehicle on the B S-T-T-T-T-T-T-T-T-T-T-T-W-C-W-C-W-C-W-C-C-W-C-W-C-W-C-W-C-W-C-W-C-W-C-W-C-W-C-W-C-W-

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on a road which has not subscribed to mandatory insurance;

Nevertheless, the defendant operated the car in the above SP which did not subscribe to mandatory insurance as described in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about mandatory insurance and inquiries about non- mandatory insurance information;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 46 (2) 2, the main sentence of Article 8 (in cases where mandatory insurance is not mandatory insurance), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (in cases of driving without a license), and each choice of imprisonment, respectively;

1. The aggravated punishment for concurrent crimes is provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed for a violation of Transport Act with heavy quality of crimes) ;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. There are favorable circumstances such as: (a) the reason for sentencing under Article 62-2 of the Criminal Act; and Article 59 of the Act on the Observation, etc. of Protection, etc.; (b) the fact that the Defendant recognized all of the instant crimes; and (c) the Defendant has no record of punishment exceeding a fine

However, on January 19, 2016, the Defendant issued a summary order of KRW 6 million for a crime of violating the Road Traffic Act (unlicensed driving) at the Jung-gu District Court on the same day. On July 22, 2016, the Defendant committed the instant crime even if he/she was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (unlicensed driving) at the same court on July 22, 2016, and again committed the instant crime. The Defendant was on the charge of the instant crime.

The defendant's age, health status, family relationship, sex conduct, circumstances and crimes.