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(영문) 의정부지방법원 고양지원 2017.11.03 2017고단2115

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 13, 2017, at around 11:35, the Defendant, without a vehicle driver's license, driven a B SP car with approximately KRW 300 meters, which was not mandatory insurance from the front day of the Gobong-gu Do-dong, Yongsan-gu, Gyeonggi-gu, Gyeonggi-do to the front day of the high class 119 safety center located in the same Gu-dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Act on the Selection of Punishment (Unlicensed Driving, Selection of Imprisonment), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which is not mandatory insurance, the choice of imprisonment);

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 grounds for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture have been under the control of the defendant for the same kind of crime, and the defendant has committed the crime of this case again for a long time, taking full account of the following circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., and the sentencing conditions specified in the records of this case and the previous theories, such as the circumstances