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(영문) 수원지방법원 2018.01.30 2017고단1098
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 11:15, February 15, 2017, the Defendant driven a B New EF rocketing car without obtaining a driver’s license from the 7km section from the upper end of the 211st century to the same 528th street from the same string of the following end: (a) around 11:15, the Defendant driven a mandatory insurance policy without obtaining a driver’s license from the end of the 211st century to the same string of the 528th century.

2. On February 15, 2017, the Defendant: (a) driven a B New EF rocketing car without obtaining a driver’s license in a section of about 15 km from the end of the 211st century to the end of the 371st century, from the end of the 211st century to the end of the 371st century, from the end of the 201st century, on February 15, 2017.

Summary of Evidence

"2017 Highest 1098"

1. A protocol concerning the examination of the police officers of the accused;

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

1. Inquiry into mandatory insurance;

1. "Motor vehicle driver's license register": 2017 Highest 1581;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. Application of Acts and subordinate statutes, such as the driving license ledger;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Damages of respective Motor Vehicles Act (the operation of motor vehicles which are not mandatory insurance);

1. Selection of each sentence of imprisonment;

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 grounds for sentencing under Article 62(1) of the Criminal Act for each of the instant crimes are as follows: (a) the circumstance that the Defendant driven a motor vehicle without a driver’s license and is not good in the nature of the crime; (b) the Defendant’s driver’s license was revoked on July 1, 2015; and (c) the Defendant terminated on March 17, 2015, constitutes an unfavorable condition to the Defendant; (d) on the other hand, the Defendant did not cause any other damage, such as traffic accidents, etc.; and (e) the Defendant did not have any history of having been punished in excess of a fine.

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