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(영문) 수원지방법원 성남지원 2016.06.24 2016고단1049

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 26, 2016, the Defendant: (a) driven B Potering vehicle without obtaining a driver’s license in the section of approximately 3 km from the front of the U.S. river located in the Han River, the Han River, the Han River, the Han River, the Han River, the Han River, the Han River, the Han River, the Han River, the Han River, the Han River, the Han River, the Han River, and the Han River, the Han River, the Han River, the Han River, the Han River, and the Han River,

2. The Defendant violated the Guarantee of Automobile Compensation for Damages, who owned B Poter Cargo, operated the said cargo vehicle without mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Responses requesting cooperation in investigation;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparagraph 1 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the Road Act, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and selection of imprisonment with prison labor;

1. The sentencing conditions indicated in the records of the instant case, including the following circumstances for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be equally considered to determine the sentence such as the order.

The favorable circumstances: The confession of the crime of this case.

No defendant is guilty of a crime exceeding a suspended sentence.

There are many kinds of criminal records, such as a fine for one time due to driving without a license (including one time in the case of concurrent crimes with driving of alcohol), a three-time suspension of execution (including one time concurrent crimes with violations of the Guarantee of Automobile Damage Compensation Act, etc.), a fine for one time due to driving of alcohol (excluding one time concurrent crimes), and other four fines (one time of concurrent crimes).

- The Defendant, despite the above multiple criminal records, suspended the execution on December 1, 201 due to a violation of the Road Traffic Act (unlicensed Driving) around December 1, 201.