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(영문) 수원지방법원 2017.11.22 2017고단5420
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 13, 2017, the Defendant, without obtaining a driver’s license, driven a 20km B km vehicle from the front side of the Silung-dong, Silung-si, Sinsan-si, Sinsan-si to the front side of the Silsan-dong, Namyang-dong, Namyang-do, Namyang-do, in the case of a eternic viewing intersection, without obtaining a driver’s license.

2. A person who violates the Guarantee of Automobile Damage Compensation Act is prohibited from operating a vehicle that is not covered by mandatory insurance, but the Defendant operated the said vehicle as described in paragraph 1, without purchasing mandatory insurance from the Defendant (State)C owner.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the motor vehicle driver's license ledger, vehicle inquiry, and mandatory insurance inquiries;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (unlicensed Driving), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the choice of imprisonment, respectively;

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 stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. Protection and observation and the reason for sentencing under Article 62-2 of the Social Service Order Act - The Defendant has been subject to punishment several times for the same crime. - The Defendant continues to drive without obtaining the driver’s license in 2002 from that time without obtaining the driver’s license in 2002. The favorable circumstances - the Defendant recognized all criminal facts. - The Defendant has no record of being subject to punishment exceeding the fine after 2009. The sentence is ordered in consideration of all the kinds of sentencing conditions revealed in the trial process.

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