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(영문) 수원지방법원 2016.06.22 2016고단1894
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On August 28, 2013, the Defendant was sentenced to eight months of imprisonment for a violation of road traffic law (unlicensed driving) at the Suwon Friwon, etc., and completed the execution of the sentence on February 8, 2014.

[Criminal facts] No person shall drive a motor vehicle without obtaining a driver's license or operate a motor vehicle on the road which is not covered by mandatory insurance.

Nevertheless, at around 11:20 on February 25, 2016, the Defendant operated a cub car in B without obtaining a driver's license from around 3 km section from front 683-12 to front 33 in the same city-ro 33rd road.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into each mandatory insurance;

1. The driver's license ledger;

1. Criminal records as stated: Application of inquiry letter, such as criminal history, and investigation report (verification of the same criminal records as the suspect) Acts and subordinate 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 (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 selection of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The defendant shall be sentenced to imprisonment with prison labor, considering the following facts: (a) the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: (b) the criminal records of the same kind of punishment are several times; (c) the crime was committed during the period of repeated crimes; and (d) the person was punished by a fine once for the same type of crime during the period of repeated crimes; and (e) the person

However, the sentence shall be determined as ordered in consideration of the fact that the defendant has mistakenly recognized the defendant, and all kinds of sentencing conditions, such as the age, sex, environment, etc. of the defendant.

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