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(영문) 의정부지방법원 고양지원 2017.08.11 2017고단1802

도로교통법위반(무면허운전)등

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 3, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving), and the said judgment became final and conclusive on the 11th of the same month, and is still under the suspension of execution.

1. On May 22, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving at around 13:30 on May 22, 2017, the Defendant driven C-T-T-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

2. The Defendant violated the Guarantee of Automobile Compensation Liability for Damages, as described in the preceding paragraph, driven a Ma-T truck without purchasing a mandatory automobile insurance policy.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

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

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation, and application of attached statutes;

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, Article 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act, selection of imprisonment with prison labor;

1. The rationale for sentencing under Articles 37, 38(1)2, and 50 of the Act on the Aggravation of Concurrent Crimes is that the defendant supports 4 children while operating their personal property and appears to reflect on the attitude of the defendant.

However, it should be criticized that the defendant will leave the crime of this case during the suspension of execution due to unauthorized driving.

In addition, the sentencing conditions, such as the age, sex, environment, and circumstances after the crime of the defendant, shall be determined as per the order.