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(영문) 수원지방법원 2016.02.18 2015고단5630

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On September 24, 2015, from around 17:30 to around 21:55 on the same day, the Defendant driven a coo vehicle into C not covered by mandatory insurance at approximately 60km section of the road front of the king-Eup, in the case of harmony, at the time of the Defendant’s home located in the king-si, in front of the Defendant’s house located in the king-Eup, the Defendant driven a coo vehicle without obtaining a driver’s license.

2. On December 18, 2015, from around 15:00 to around 16:35, the Defendant driven a coo vehicle in C in a section of about 100km to the road front of the new 1st rist of the Sinwon-Eup, Seoul Special Self-Governing Province, in front of the Defendant’s house located in the Sinsung City B, without obtaining a driver’s license.

Summary of Evidence

[2015 Highest 5630]

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Mandatory insurance inquiries (2016 high group 228);

1. Statement by the defendant in court;

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, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Act on the Selection of Punishment, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Damage Compensation Act, and the choice of imprisonment, respectively;

1. A sentence of imprisonment is to be imposed, taking into account the following circumstances: (a) the former part of Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes; (b) Article 38(1)2; and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes repeatedly commits a crime during the suspension of execution for the same kind of crime for which punishment is to be imposed; (c) the offender committed a crime without a license on December 18, 2015 while knowing the fact that the public prosecution was instituted due to the crime without a license on September 24, 2015; and (d) the fact that the same offense was committed

The period of imprisonment shall be set by eight months in consideration of various circumstances that serve as a condition for sentencing, such as the fact that the health status is not very good (four-time blood administration, etc. per week), and the fact that the defendant has purchased an automobile insurance policy after regulating the period of imprisonment (Provided, That the statutory detention shall not be made in consideration of the fact that there is no concern that the defendant is likely to flee or destroy evidence, and that there is a need to make various preparations in preparation for future life of detention