beta
(영문) 수원지방법원 2017.08.09 2017고단1570

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

Reasons

Punishment of the crime

around 10:30 on March 21, 2017, the Defendant driven the B Poter Cargo without obtaining a driver’s license from around 1263 on the front side of the Seocho-gu Seoul Metropolitan City Seocho-gu Seoul Metropolitan Area, the front side of the front side of the Seocho-gu, Ansan-si, Seoul Metropolitan City, to a level of about 10km in the upper end of the 1263rd street, and driving the B Poter Cargo without purchasing the mandatory insurance.

On April 21, 2017, the Defendant, “2017 Highest 3643, the Defendant,” without obtaining a driver’s license from the front side of the “nicking Mat” located in the area of the river located in the river located in the area of the water surface of the Sinsung city at around 20:10 on April 21, 2017, to the road of approximately 857 km, driving a B Pot vehicle not covered by mandatory insurance.

Summary of Evidence

"2017 Highest 1570"

1. Statement by the defendant in court;

1. The driver's license ledger and mandatory insurance inquiry certificate of 2017 high group 3643;

1. Statement by the defendant in court;

1. Application of the motor vehicle driver's license ledger and mandatory insurance-related Acts and subordinate statutes;

1. Relevant legal provisions and Articles 152 subparag. 1 and 43 of the Road Traffic Act (non-licensed driving) concerning facts constituting an offense, and the choice of imprisonment for each type of motor vehicle, Article 46(2)2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of motor vehicles which are not mandatory insurance), and 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 stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act - Although the Defendant had a record of punishment for the same kind of crime, the Defendant again prevents the Defendant from committing the instant crime. - The Defendant committed the instant case in the course of being investigated under the Highest 1570 case, which was again committed the instant case, again, 2017 Highest 3643 case, and does not appear to have any particular reflective nature. The favorable circumstances - the Defendant recognized all the criminal facts. - The Defendant has no record of being sentenced to a fine until now. In light of all the sentencing conditions revealed in the trial process in the above circumstances, the sentence is ordered as ordered.