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(영문) 수원지방법원 평택지원 2018.08.24 2018고단506
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of two years on July 17, 2018 by imprisonment with labor for a crime of violating road traffic law at the Jung-gu District Court on November 28, 2017, and the judgment becomes final and conclusive on July 17, 2018.

[Criminal facts]

1. On March 11, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving at approximately 700 meters from the front of Pyeongtaek-si C to the front of the E hotel located in D in the same city from the front of Pyeongtaek-si C at around 19:10 on March 31, 2018.

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the first car in F body which was not covered by mandatory insurance at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Inquiry into each mandatory insurance;

1. Previous convictions in judgment: the application of the defendant's legal statement, inquiry letter, investigation report (verification of facts while the trial is pending);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (2) of the same Act concerning the operation of automobiles which are not mandatory insurance);

1. Selection of each sentence of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The circumstances that are disadvantageous to the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection and Observation, etc. of Social Service Order: The fact that there was a history of being punished by a fine on several occasions due to a drunk driving crime or an unlicensed driving crime, and the fact that the medical court was sentenced to a suspended sentence of imprisonment due to a violation of road traffic law at the medical district court, such as the record of the crime, and the appellate court was under way.

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