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(영문) 의정부지방법원 고양지원 2017.04.27 2017고단680

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 14, 2017, the Defendant, without a driver’s license of a motor vehicle around 12:30 on February 14, 2017, driven approximately 1 km a B-A-D motor vehicle not covered by mandatory insurance from 153 p.m. to 12:35 p.m. on the same day on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the situation report on driving without a license, the driver's license ledger, and the ledger of inquiries about respective mandatory insurance;

1. Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (non-licensed driving) concerning facts constituting an offense, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and the choice of imprisonment with labor for each type of crime;

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. The reason for sentencing under Article 62(1) of the Criminal Act was discovered when the Defendant was found to have been driving without a license from 2007 to 7.

The passenger car driven by the defendant is the same passenger car and was driven without mandatory insurance.

In light of the repetition of the punishment, it is difficult to expect the effect of the punishment of the fine.

However, the defendant is against the law.

In addition, in consideration of the age, gender, circumstances of driving, etc. of the defendant, etc., the punishment shall be determined as per the order.