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(영문) 수원지방법원 2017.07.05 2017고단1152

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six 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 23, 2017, the Defendant, without obtaining a driver’s license on a motor vehicle around 20:40, driving a Csch Rexton motor vehicle not covered by mandatory insurance at approximately 24 km section from the front side of the wife population B in Suwon-si to the front side of the Suwon-si, Suwon-si, to about 1118.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the motor vehicle driver's license ledger, tea inquiry, and information not covered by mandatory insurance;

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 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 Suspension of Execution Act (the favorable circumstances of the reason for sentencing) - The defendant committed the same offense more closely from June 2016 to June 3, 2016. - The defendant, who was sentenced three times to a fine for the same kind of crime, committed the same offense without any particular reflectorness, and the sentence exceeding a fine is inevitable. The favorable circumstances - the defendant recognizes all the criminal facts. - The defendant has no record of having been sentenced to a fine exceeding the fine until now. - The defendant does not have any record of committing this offense. - The defendant does not have any record of having committed this offense, and thus, is not deemed to have a habit of crime. The sentence should be imposed as ordered in consideration of all the conditions of sentencing revealed in the trial process.