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(영문) 수원지방법원 2017.06.13 2017고단1699
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 19, 2017, the Defendant, without obtaining a driver’s license on March 14:17, 2017, driven a Brop car that was not covered by mandatory insurance without obtaining a driver’s license on the front of the 15km road located in the 15km-ro 15 of the Eup/Myeon of the same Eup on the Yecheon-si, Do-nam-si, Do-dong, Do-dong (Seoul).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiry into mandatory insurance (No. 4 in a list of evidence);

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (2) of the same Act concerning the operation of automobiles which are not mandatory insurance);

1. Selection of each sentence of imprisonment;

1. The aggravated punishment for concurrent crimes is provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be provided for in a violation of the Guarantee of Compensation for Motor Vehicles, the punishment of which is heavier);

1. Article 62 (1) of the Criminal Act (amended by Act No. 1014, Mar. 1, 201);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[3] In light of the above legal principles, each of the crimes of this case was committed by each of the following facts: (a) the Defendant led to the confession of each of the crimes of this case; (b) the Defendant did not cause other damage, such as traffic accidents; and (c) the Defendant has no record of criminal punishment in excess of the fine (i.e., a fine once due to the violation of the Motor Vehicle Management Act in 2000; and (d) two times as a crime of violating the Road Traffic Act in 2004 and 2016; and (e) the Defendant was sentenced to a fine twice due to the violation of the Road Traffic Act in 204 and 2016.

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