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(영문) 수원지방법원 평택지원 2018.11.23 2017고단516
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a holder of a B art motor vehicle, and no person shall operate a motor vehicle with no mandatory insurance policy.

Nevertheless, on February 19, 2017, the Defendant operated a car with the foregoing set-off without obtaining a driver's license of 08:00, and operated approximately KRW 2 km from the front of Pyeongtaek-si to the front of Pyeongtaek-si in the vicinity of Pyeongtaek-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. Although Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes recognize and reflects errors in sentencing, the crime of this case was committed after the lapse of two months after being sentenced to a suspended sentence due to driving without licenses. In light of the fact that a trial is not faithfully complied with for the purpose of the suspended sentence, and the history of the same crime, etc., the liability for the crime is not less easily established, taking into account the following factors: (a) the Defendant’s age, sex, environment, background leading to the crime, circumstances leading to the crime, etc.; and (b) the punishment is determined as ordered.

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