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(영문) 의정부지방법원 고양지원 2017.11.03 2017고단2439
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 8, 2017, the Defendant, in violation of the Road Traffic Act (unlicensed driving), driven a C-wing truck without obtaining a driver’s license from the Malaysia, which is located in the gold-dong in the Gu-Si, Jinri-si, from August 10:13, 2017 to the front road of the Jinju-si.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, as stated in paragraph 1, operated the above sealed straw truck, which was not covered by mandatory insurance, on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Application of Acts and subordinate statutes to tea inquiries and mandatory insurance inquiries;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving, Selection of Imprisonment), Article 46 (2) 2, and the main sentence of Article 8 (main sentence) of the Guarantee of Automobile Damage Compensation Act concerning facts constituting an offense;

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 suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant recognized the crime of this case, and reflects his mistake, is favorable to the defendant.

On the other hand, the fact that the defendant has been punished several times for the same crime, and that the defendant again committed the crime of this case while being tried for the same crime is disadvantageous to the defendant.

In full view of the above circumstances and the various circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the sentencing as shown in the previous theories, the punishment as ordered shall be determined.

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