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(영문) 수원지방법원 성남지원 2018.01.25 2017고단3079

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to six months of imprisonment or two years of suspended execution on September 30, 2016, due to a violation of road traffic law (unlicensed driving) in support of Sungnam branch of Suwon branch of Friwon on September 22, 2016, and the said judgment became final and conclusive on September 30, 2016, and is currently under suspended execution.

[Criminal facts]

1. On September 20, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving on the B-wing truck at the 1km section from September 11, 2017 to September 513, 2017, in front of the fact that the “hacker” food in the Hanam-si, Hanam-si, Hanam-si, without obtaining a driver’s license for a motor vehicle.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a holder of B-wing and freight truck.

Although the owner of a motor vehicle is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, the defendant operated the motor vehicle that is not covered by mandatory insurance at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (componating criminal cases of the same kind as the suspect A

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same 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 repeatedly drives without a license since 2005; and (b) it is difficult to find out the Defendant’s intent to comply with the Act, such as leading up to the instant crime during the suspended execution period of imprisonment.

In addition, the sentencing conditions specified in the trial process of this case, such as the defendant's age, sex, family relationship, family environment, motive and means of crime, and circumstances after crime, shall be determined as ordered.