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(영문) 수원지방법원 2018.01.30 2017고단7258
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 8, 2017, the Defendant driven a B rocketing car without obtaining a driver's license from around 2 km to the 437 source-distance road near the Suwon-si, Suwon-si, Seoul Special Metropolitan City, which was a middle-ro unit of 64 trillion won-gu, Suwon-si. In order to operate a mandatory insurance without obtaining a driver's license from around 2km.

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;

1. The driver's license ledger;

1. Application of statutes on site photographs;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, and Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Compensation for Damages;

1. Selection of each sentence of imprisonment;

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 (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.

[The favorable circumstances] The Defendant led to the confession of each of the instant crimes and recognized his mistake; the Defendant revoked his driver’s license on April 29, 2016; the mandatory insurance for the B rocketing car expires on April 5, 2017; the Defendant did not cause any other damage, such as traffic accidents; the Defendant has no record of being punished in excess of a fine for the last ten years.

[D.] The crime of this case is a case where the defendant drives a motor vehicle without a driver's license without a driver's license, and the crime is not good, and the defendant is the same as the crime of violation of the Road Traffic Act (unlicensed driving) and the violation of the Road Traffic Act ( Drinking).

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