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(영문) 수원지방법원 2020.12.17 2020고단5945
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. Around 15:50 on August 25, 2020, the Defendant operated an Esch Rexroth car without obtaining a driver’s license in the section of about 500 meters from the roads near Suwon-si, Suwon-si, Suwon-si, to D in front of Suwon-si, Suwon-si.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road where mandatory insurance is not subscribed;

Nevertheless, the defendant operated the defendant's car that was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to photographs, registers of driver's licenses, and mandatory insurance policies;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Operation of the instant motor vehicle before the same criminal record in 2016 and before June 2020.

The circumstances favorable to the fact that the same crime has been committed in addition to only two months even though it was discovered once (the summary order was issued on October 2020): The confession and reflection are made; the mandatory insurance after the detection of the instant case; the fact that the Defendant subscribed to the mandatory insurance after the detection of the instant case; and other various sentencing conditions shown in the records and arguments, such as the Defendant’s age, attitude, environment, background, means and result of the crime; and the circumstances after the commission of the crime, etc., shall be determined

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