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(영문) 수원지방법원 2017.07.05 2016고단8346
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On October 22, 2016, the Defendant was driving a BL 125S Oral land owned by himself/herself without obtaining a motor device license from a section of about 1km until around 444m of the Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, the 210-ro, Suwon-si, the 13-ro, Suwon-si, Suwon-si, the 210-ro, Suwon-si, the 13-ro, Suwon-si, the 144-ro, the Changwon-si, the 1km-si

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle (including soil and sand) on a road without having subscribed to mandatory insurance;

Nevertheless, the Defendant was driving the above SL 125S Oba, which was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, enforcement photographs, tea inquiry, request for cooperation in investigation (request, etc. for inquiry as to whether a person has subscribed to mandatory insurance), application of Acts and subordinate statutes to investigation report (verification of the fact of obtaining a license without a suspect);

1. Relevant Article of the Act concerning the facts constituting an offense, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 (Unlicensed Driving, Selection of Fine) of the Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating automobiles which are not mandatory insurance, the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act – the conditions unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act – (i) committed the instant crime again despite having been sentenced to imprisonment on or around September 2015 due to the same type of crime; (ii) the Defendant committed the instant crime; (iii) favorable circumstances - the Defendant recognized all the facts of the crime; (iv) the Defendant was insured until July 2016. - The period of probation of the previous imprisonment without any further crime has expired; and (v) comprehensive consideration of all the conditions of sentencing, such as the age, sex, environment, etc. revealed in the trial process.

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