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(영문) 수원지방법원 여주지원 2016.09.09 2016고단291
자동차손해배상보장법위반등
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

[2016 Highest 291] The Defendant was a person holding CKaren car, and the Defendant was driving the said car without obtaining a driver’s license from around 1k section to the middle school front of the Hohowonwon in the Hacheon-si, the Do in the address of the 11:10 on March 20, 2016, which was located in the Hacheon-si, the Hacheon-si, the Do.

[2016 Height 457] On May 14, 2016, the Defendant: (a) driven a C Carren-car without obtaining a driver’s license from around 14:00,000 to around 1km from the 14th road of the 06:30-ro, Leecheon-si, to the same Si-si; and (b) was not covered by mandatory insurance without obtaining a driver’s license from around 1km.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The ledger of driver's licenses of each motor vehicle;

1. Inquiry into each mandatory insurance;

1. Application of Acts and subordinate statutes to each of the following inquiries;

1. Relevant legal provisions and Articles 152 subparag. 1 and 43 of the Road Traffic Act (unlicensed driving) concerning facts constituting an offense, Articles 46(2)2 and 8 of the Guarantee of Automobile Damage Compensation Act, and choice of imprisonment for each type of punishment;

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 on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. The reasoning for sentencing under Article 62-2 of the Criminal Act, Articles 32 and 59 of the Act on the Protection, Observation, etc. of and Order to Attend, takes into account the following factors: (a) the Defendant had the record of having been punished several times in the past; (b) the Defendant committed the same crime even when he was prosecuted after having been investigated for a preceding crime; (c) the Defendant was committed at the time of committing the same crime; (d) the Defendant was under detention for a long time; and (e) the Defendant has no record of punishment exceeding the previous fine; and (e) the Defendant’s age, family environment, motive for committing the crime, circumstances after committing the crime, and risk of recidivism.

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