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(영문) 수원지방법원 2017.07.12 2017고단3121

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Experience] On March 10, 2016, the Defendant was sentenced to one year to imprisonment with labor for a violation of road traffic law (unlicensed driving) at the Sungnam support center, and completed the execution of the above sentence on September 16, 2016.

[2] The Defendant: (a) was a person holding F-wing cargo truck; and (b) was driving the above fixed freight truck without obtaining a driver’s license from a vehicle; (c) around April 2, 2017, at the head of Cheongsan-si, Cheongnam-dong, Cheongnam-si, the head of Cheongnam-dong, the head of Sinsan-si, the head of Sinsan-si, the head of Sinsan-si, the head of Sinsan-si, the head of Sinsan-si, and the head of Sinsan-si, the head of Sinsan-

Accordingly, the Defendant operated the said vehicle without obtaining a driver's license, and the Defendant did not purchase a mandatory insurance policy.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative into the driver's license ledger and mandatory insurance;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting the crime, Article 46 (2) 2, the main sentence of Article 8 (the point of operating an automobile with no mandatory insurance), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, and the choice of imprisonment for each type of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes are recognized in entirety - The defendant committed a second offense despite the fact that he/she was under repeated crime due to a same kind of crime. The defendant committed a second offense in spite of the fact that he/she was under repeated crime. The sentence as ordered in consideration of all the kinds of sentencing conditions revealed in the trial process in each of the above circumstances.