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(영문) 수원지방법원 2017.11.14 2017고단2083
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 19, 2016, the Defendant was driving a car for C Nowon-gu without obtaining a driver’s license from the front of the Gu sports center located in the area of 57-33 47 km-ro at Suwon-gu, Suwon-gu, Suwon-gu, Suwon-si, the Gu sports center located in the area of 57-33, to the front of the road located in the area of about 199 meters away from the head of the Gu sports center to the front of the road located in the area of 199 meters away from the width of the road.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated a car without mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries about mandatory insurance and inquiries about non-performance of mandatory insurance;

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 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. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution are as follows: (a) comprehensively taking into account the following circumstances; (b) the Defendant’s age, family relation, sex, environment, motive and circumstance of the crime; (c) means and method of the crime; and (d) the circumstances after the crime, etc., the sentence is to be imposed as ordered.

[The favorable circumstances] The Defendant, who led to the confession of each of the crimes of this case, recognized his mistake, the Defendant did not cause other damages, such as traffic accidents, and there is no record of being punished by a fine exceeding the fine.

[D.] Each of the crimes of this case is a case where the defendant drives a motor vehicle without obtaining a driver's license, and the crime is not good.

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